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Reviewing the Constitutional Court Impeachment Trial Durations Over the Past 10 Years

The impeachment trial of President Yoon Suk-yeol concluded its arguments on the 25th, with the verdict expected in early to mid-this month. The trial duration was shorter than the average of the six impeachment trials overall but longer than that of the late President Roh Moo-hyun, and similar to that of former President Park Geun-hye.


Reviewing the Constitutional Court Impeachment Trial Durations Over the Past 10 Years


The National Assembly passed the impeachment motion against President Yoon on December 14 last year. On the same day, the Constitutional Court received the impeachment resolution and held the first preparatory hearing on December 27. After 73 days, it completed 11 rounds of arguments. If the verdict is delivered in mid-this month, it will have taken about 90 days from the impeachment motion to the decision. According to Article 38 of the Constitutional Court Act, the Court must deliver a final decision within 180 days from the date it receives the case.


According to data submitted by the Constitutional Court to Representative Joo Jin-woo of the People Power Party, the average trial period for six impeachment cases decided by the Court over the past 10 years was 202.3 days. The shortest case was the impeachment of former President Park Geun-hye, which took 91 days. The Park impeachment trial began after the impeachment motion was passed on December 9, 2016, and proceeded through 17 hearings until the final argument on February 27 the following year. The impeachment trial of the late President Roh Moo-hyun began after the impeachment motion was passed on March 12, 2004, and concluded after seven hearings in 50 days. In the Park impeachment trial, the Court announced the verdict date two days prior, on March 8, 2017. In the Roh case, the verdict date was announced three days prior, on May 11, 2004. The impeachment cases of prosecutors Andongwan and Lee Jeongseop took 251 and 269 days, respectively.


In contrast, disputes over authority took an average of 673.6 days across 47 cases, more than three times longer than impeachment trials. On the 27th, the Constitutional Court decided on a dispute over authority case concerning the withholding of appointment of Ma Eun-hyuk, a nominee for Constitutional Court Justice, by Acting Prime Minister and Minister of Economy and Finance Choi Sang-mok. The case was received on January 3 this year, and after 38 days and 10 hearings, the final decision was made on the same day.


Kim Ji-hyun, Legal Newspaper Reporter

※This article was written using content provided by the Legal Newspaper.

※This article is based on content supplied by Law Times.


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