Constitutional Court to Deliver Ruling on Han Deok-su Impeachment on 24th... 'Yoon's Fate' Remains Uncertain (Comprehensive)

Prime Minister Han's Impeachment Verdict After 87 Days
First Judicial Decision on a Senior Official Involved in Martial Law
May Serve as a Barometer for President Yoon's Impeachment Trial

The Constitutional Court will decide on the impeachment of Prime Minister Han Duck-soo on the 24th. This means that Han will receive the court's judgment even before President Yoon Seok-yeol, who was referred to impeachment proceedings earlier. As a result, the day of fate for President Yoon is likely to be further delayed.

On the 20th, the Constitutional Court announced that it will deliver its ruling on Prime Minister Han's impeachment trial at 10 a.m. on the 24th. This comes 87 days after the impeachment was proposed on December 27 last year. After holding two preparatory hearings, the court held one formal hearing on the 19th of last month, which concluded in 90 minutes.

With Prime Minister Han's impeachment trial concluding before President Yoon's, this marks the first judicial decision on a high-ranking official who was impeached or criminally prosecuted in connection with the December 3 emergency martial law.

Whether Prime Minister Han will be dismissed depends on whether the 'grounds for impeachment' presented by the National Assembly constitute a serious constitutional or legal violation warranting dismissal. If not, Han will immediately return to his role as acting president and prime minister upon the ruling. Should Han resume his duties and President Yoon be dismissed, Han would oversee the management of an early presidential election.

The National Assembly referred President Yoon to impeachment on December 14 last year and subsequently referred Prime Minister Han, who was serving as acting president, to impeachment proceedings on December 27. The core reasons for Han's impeachment include his tacit approval of the emergency martial law, failure to appoint constitutional court justices elected by the National Assembly, and exercising veto power over the special prosecutor law.

Prime Minister Han maintains that all impeachment grounds presented by the National Assembly are unfounded, asserting that he opposed President Yoon's emergency martial law and was not involved in any military mobilization. During the hearing, Han's side stated, "Prime Minister Han only became aware of the martial law declaration plan at 8:40 p.m. on the day of the martial law," and "When the National Assembly passed a resolution demanding the lifting of martial law, he promptly pushed for its repeal."

The issue concerning the non-appointment of constitutional court justices is significant. Previously, the Constitutional Court ruled in the 'Ma Eun-hyuk non-appointment' case that non-appointment infringes on the National Assembly's right to elect justices and is unconstitutional. Therefore, the court only needs to determine whether such unconstitutional acts are serious enough to warrant dismissal.

Prime Minister Han's Verdict May Provide Insight into President Yoon's Impeachment Trial

The Constitutional Court's ruling on Prime Minister Han could introduce another variable into President Yoon's impeachment trial. Since Han's impeachment charges include collusion or tacit approval of the martial law declaration, which overlaps with the grounds for President Yoon's impeachment, the court is expected to face difficulties in drafting the decision for Yoon's case while ruling first on Han's case, which is likely to be dismissed.

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If the Constitutional Court recognizes the unconstitutionality or illegality of the December 3 emergency martial law, it is highly likely that the same judgment will be upheld in President Yoon's case. The opposite is also true.

However, in Han's case, the extent of his involvement in the declaration, maintenance, and lifting of martial law, whether any wrongdoing was of a serious nature, and judgments on other impeachment grounds could all influence the final conclusion.

President Yoon's 'Day of Fate' Remains Uncertain... Next Week Expected to be a 'Judicial Super Week'

Accordingly, the ruling on President Yoon's case is likely to be delivered no earlier than late next week. Considering that the Constitutional Court typically does not issue rulings twice a week, it may be postponed even further.

On this day, Cheon Jae-hyun, the Constitutional Court's spokesperson, said, "It is difficult to deliver a ruling on President Yoon this week." He added, "While it is not impossible to issue rulings twice a week or on two consecutive days, there is no precedent for this. Given that this is the first time so many impeachment cases have been received, adhering strictly to precedent is not very meaningful."

Meanwhile, on the morning of the 24th, the second preparatory hearing for President Yoon's charges of leading a rebellion will also be held. Additionally, on Wednesday the 26th, the appellate ruling for Lee Jae-myung, leader of the Democratic Party of Korea, in the Public Official Election Act case is scheduled. If President Yoon's impeachment ruling is delivered next week, the judiciary will decide the fates of two prominent political figures in the same week, a so-called 'Judicial Super Week.' Lee submitted a roughly 30-page 'Defendant's Statement' asserting his innocence to the court on the 19th, one week before the appellate ruling, signaling a full-scale defense effort.