92 Days for Park, 63 Days for Roh: Ruling Date Set 2-3 Days in Advance
Procedural Issues and Evidence Adoption Remain Variables
Yoon's Side May Raise Additional Procedural Objections After Detention Cancellation
Some Predict Ruling May Be Delayed by 1-2 Weeks
The Constitutional Court is expected to conclude its deliberations this week and deliver a ruling on President Yoon Seok-yeol's impeachment trial. The most likely date for the ruling is the 14th, which is 85 days after the National Assembly passed the impeachment motion. Former President Park Geun-hye received the Constitutional Court's decision 92 days after the impeachment motion was approved, and former President Roh Moo-hyun's ruling came 63 days after. President Yoon's trial schedule falls roughly in between those of the two former presidents.
Acting Chief Justice Moon Hyung-bae of the Constitutional Court, along with other constitutional justices, attended the case concerning the dispute over the appointment suspension of candidate Ma Eun-hyuk, filed by Woo Won-shik, Speaker of the National Assembly, against Choi Sang-mok, Acting Prime Minister and Minister of Economy and Finance, at the Constitutional Court in Jongno-gu, Seoul on the 27th. 2025.02.27 Photo by Yoon Dong-joo
According to the legal community on the 9th, since concluding the impeachment trial arguments on the 25th of last month, the Constitutional Court has held daily deliberations, reviewing the issues and evidence documents confirmed during the 11 sessions of arguments. In particular, the justices have been organizing issues and continuing discussions based on reports prepared by the Constitutional Research Officer Task Force (TF) since March 4. Daily deliberations are also scheduled for this week. The exact date of the ruling is expected to be announced 2 to 3 days in advance. For former President Roh, the ruling date was confirmed 3 days prior, and for former President Park, 2 days prior to the ruling.
Inside and outside the legal community, the possibility of a ruling on the 14th is considered the highest. This is because the rulings for former Presidents Park and Roh were made on Fridays about two weeks after the conclusion of arguments. Once the impeachment ruling is delivered, its effect is immediate. If the dismissal ruling is issued, President Yoon will immediately become a civilian, and if the motion is dismissed, he will immediately resume presidential duties.
However, there is also speculation that deliberations could be prolonged as President Yoon's side continues to argue until the final stages of the justices' deliberations that there are procedural issues with the impeachment trial and problems with the credibility of evidence. There is a possibility that the ruling date could be postponed by 1 to 2 weeks. In particular, with the Seoul Central District Court's decision on the 7th to cancel President Yoon's detention, there is a possibility that additional issues regarding due process may be raised. However, the investigation records adopted as evidence by the Constitutional Court do not include materials from the Corruption Investigation Office for High-ranking Officials (CIO), so it is unlikely to become a key issue. A Constitutional Court official explained, "There is no investigation content from the CIO among the impeachment trial evidence," and added, "It is unlikely that this cancellation of detention will affect the trial."
President Yoon's side has argued that withdrawing the charge of treason from the impeachment grounds means that 80% of the content is withdrawn and that the case should be dismissed. They have also repeatedly raised arguments during the trial that, based on the amended Criminal Procedure Act, interrogation records of military commanders and others prepared by the prosecution should not be used as evidence without the consent of the parties involved. In response, a lawyer who is a former judge said, "If some justices view the withdrawal of the treason charge, one of the impeachment grounds, as a procedural defect, additional issues may arise, potentially prolonging deliberations."
The possibility of Justice Ma Eun-hyuk joining the bench remains a variable. Although the Constitutional Court accepted a jurisdictional dispute trial on the 27th of last month, Acting President Choi Sang-mok has not appointed Justice Ma for ten days. If Justice Ma joins the bench due to Acting President Choi's decision, the court will have to decide whether to resume arguments or deliver the ruling with eight justices. Since arguments have concluded, it is currently more likely that the ruling will be delivered with eight justices.
Besides President Yoon's impeachment trial, the impeachment trials of Prime Minister Han Duck-soo, Board of Audit and Inspection Chairman Choi Jae-hae, and Seoul Central District Prosecutor General Lee Chang-soo?three prosecutors?are also concluding their argument procedures and awaiting rulings. When the justices decide to rule on these cases may also influence the timing of President Yoon's impeachment ruling.
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