[Initial Perspective] The Hand Shaking the Constitutional Court Must Be Overcome

Impeachment Trial of Yoon Nears Conclusion
Facing Fierce Resistance and Political Pressure
Trust Must Be Secured Through an Independent Ruling

The impeachment trial of President Yoon Seok-yeol has entered its final stages. The Constitutional Court has consolidated the opinions of the justices and designated the 20th as the 10th hearing date, deciding to summon Prime Minister Han Duck-soo and former National Intelligence Service First Deputy Director Hong Jang-won, whom President Yoon's side requested, to testify. This appears to be a choice made to block attempts to 'shake the Constitutional Court' by President Yoon's supporters, lawyers, and politicians, and to minimize disputes over fairness.

The Constitutional Court is likely to conclude the intense witness examination after the 10th hearing. Since it has readopted Prime Minister Han Duck-soo, whose witness request was initially rejected, and former Deputy Director Hong, who testified at the 5th hearing, it can also be interpreted that no further witness requests will be accepted. The background for accepting President Yoon's side's demand to forcibly summon the National Police Agency Chief, who missed two hearings due to health reasons, to testify is likely in a similar context. Although President Yoon's side claims that the exercise of litigation control is 'unfair' and 'biased,' the Constitutional Court seems to be saying it has done enough to ensure 'the right to defense' and 'compliance with due process.'

Once the hearings conclude, the Constitutional Court will hold a deliberation attended by all justices for about two weeks. After the deliberation, the final voting process will take place, followed by the drafting and announcement of the decision led by the presiding justice. At this point, a ruling is likely to be issued around mid-March. The impeachment ruling for former President Park Geun-hye was made at 11 a.m. on March 10, a similar timeframe.

Acting Chief Justice Moon Hyung-bae of the Constitutional Court and the justices took their seats on the 13th at the Constitutional Court in Jongno-gu, Seoul, for the "8th hearing of the impeachment trial of President Yoon Seok-yeol." 2025.2.13 Photo by Joint Press Corps

In the remaining procedures, the Constitutional Court is expected to endure stronger resistance and criticism. Signs have already appeared. Supporters of President Yoon, who have effectively 'occupied' the area around the Constitutional Court in Jaedong, Jongno-gu, Seoul, are raising their voices, claiming that 'the Constitutional Court has been tainted by the left.' Some have even attacked justices by citing their past social media posts and their families' backgrounds. Some have gathered in front of Acting Chief Justice Moon Hyung-bae's residence to hold rallies. This cannot be called anything but excessive.

Meanwhile, the tone of President Yoon's legal team’s remarks inside the Constitutional Court's grand chamber has also intensified. On the 13th, the last hearing date initially announced by the Court, President Yoon's lawyers threatened the bench, saying, "If the current proceedings continue, the legal team will have no choice but to make a serious decision." When the Court denied President Yoon's direct examination based on the justices' deliberation, an unusual situation arose where the lawyers questioned the rules and grounds. This too is excessive.

The Constitutional Court has also faced political pressure. On the 12th, Kwon Seong-dong, floor leader of the People Power Party, visited the Court to protest, criticizing that "various cases handled by the Constitutional Court are biased and unfair." Former Minister of Land, Infrastructure and Transport Won Hee-ryong said, "The current Constitutional Court is showing the appearance of a 'Constitutional Runaway Court' fleeing from the Constitution." On the 17th, about 40 People Power Party lawmakers who proposed the 'Impeachment Motion against Constitutional Court Justices' visited in protest, using it as an opportunity to rally their support base.

The issues identified by the Constitutional Court include the declaration of martial law, Proclamation No. 1, obstruction of parliamentary activities, and the seizure of the National Election Commission. Beyond denying these issues inside and outside the courtroom and attempts to shake the accumulated objective evidence and testimonies, only the 'judgment to be made independently according to conscience (Article 103 of the Constitution)' remains. The only way for the Constitutional Court, which has not been granted legitimacy by the people, to maintain trust unlike the president or the National Assembly is this.