Constitutional Court "Yoon Impeachment Trial Documents Deemed Delivered"... First Procedure Begins on 27th (Comprehensive)

The Constitutional Court announced that the documents related to the impeachment trial of President Yoon Seok-yeol are considered to have been delivered through deemed service by dispatch, and that the first preparatory hearing will proceed as scheduled on the 27th.

Cheon Jae-hyun, Deputy Public Relations Officer of the Constitutional Court, is stating the official position on the delivery of impeachment trial documents that have not been delivered to President Yoon Seok-yeol at the Constitutional Court in Jongno-gu, Seoul, on the 23rd. Photo by Kang Jin-hyung

On the 23rd, Cheon Jae-hyun, Deputy Spokesperson of the Constitutional Court, stated in a briefing, "The documents for the president were dispatched on December 19, 2024, in accordance with Article 65 of the Criminal Procedure Act and Article 187 of the Civil Procedure Act," adding, "The effect of deemed service by dispatch occurs at the time the litigation documents reach the place of delivery according to Supreme Court precedents, so the effect of service occurs even if the documents are not actually received." He further added, "The preparatory hearing on December 27 will proceed as planned."

Previously, the Constitutional Court attempted to deliver the impeachment trial notification, summons, and preparation order documents to President Yoon not only by mail but also by personal delivery; however, the Presidential Security Service refused to accept them, and the documents were returned due to the recipient's absence, causing difficulties in direct delivery. Accordingly, the Court treated the documents as legally delivered by deemed service by dispatch, based on the date of arrival on the 20th.

The notification of receipt sent to President Yoon by the Constitutional Court also included a request for a response. The deadline for the response is "within 7 days from the date of service," which is by the 27th, but it is not mandatory. Regarding this, Lee Jin, Spokesperson of the Constitutional Court, stated in a briefing, "As of this morning, no additional written submissions have been received from the parties or interested persons."

Former Presidents Roh Moo-hyun and Park Geun-hye, who previously faced impeachment trials, received the related documents immediately on the day or the day after the National Assembly passed the impeachment motion, but President Yoon has refused to accept the documents for a week since the 16th. It is known that a legal team centered around former Broadcasting and Communications Commission Chairman Kim Hong-il will be formed, but no official appointment has been made yet.

As the formation of the legal team is delayed, concerns have arisen that the impeachment trial procedure might be delayed; however, a Constitutional Court official said, "The preparatory hearing on the 27th will proceed as planned," adding, "The special trial judges (appointed for preliminary investigation of the case) will decide according to the situation."

Special trial judges for President Yoon's impeachment trial have been designated as Justices Lee Seon and Jeong Hyeong-sik.