'Yun Impeachment Day 107' Constitutional Court's Time Until When... April 4 and 11 Verdict Dates Discussed

Deliberations Continue for Over a Month Amid Reports of Justice Disagreements
If Moon Hyung-bae and Lee Mi-seon Retire, Constitutional Court May Be Paralyzed
Legal Community: "No More Grounds for Delay"

The Constitutional Court's hearing on President Yoon Seok-yeol's impeachment trial has reached its 35th day as of the 31st, following the conclusion of oral arguments. It has been 107 days since the National Assembly passed the impeachment motion, continuously setting new records for the longest duration. In the legal community, there is speculation that the deliberations are prolonged due to persistent disagreements among the eight justices or because some justices are withholding their judgments. Some even express concerns that if the deadlock between the 'five justices in favor of acceptance versus three justices for dismissal or rejection' continues, a ruling may not be issued before Acting Chief Justice Moon Hyung-bae and Justice Lee Mi-seon retire.

Acting Chief Justice Moon Hyung-bae of the Constitutional Court, along with the constitutional justices, attended the case regarding 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 February 27, 2025. Photo by Yoon Dong-joo

From late last week until today, there have been observations that discussions on major issues inside and outside the Constitutional Court have concluded, reducing the justices' deliberation time. It is said that the court has entered the final countdown for the verdict, with only the announcement date remaining. Deliberation is the process where justices express their opinions and consult to reach a final conclusion.

Considering that the by-elections are scheduled for the 2nd of next month and that the impeachment rulings for former Presidents Roh Moo-hyun and Park Geun-hye were made on Fridays, there is cautious speculation that the verdict could be announced on the 4th of next month. This week, most of the scheduling variables that had delayed the Constitutional Court's ruling have been resolved, leaving little justification for further postponement. On the 26th, the appellate court acquitted Lee Jae-myung, leader of the Democratic Party of Korea, on charges of violating the Public Official Election Act, and the impeachment trial against Acting President and Prime Minister Han Duck-soo, previously seen as a procedural obstacle, was dismissed. On the regular ruling day, the 27th, the court also completed rulings on pending general cases such as constitutional complaints.

However, if the Constitutional Court's deliberations continue, there is also the possibility that the verdict date could be set for the 11th of next month, just before the retirement of Justices Moon Hyung-bae and Lee Mi-seon. During the impeachment trial of President Park Geun-hye, the court issued its ruling three days before Acting Chief Justice Lee Jung-mi's retirement, continuing deliberations until the last possible moment. A court official stated, "There is no fixed schedule other than the ongoing deliberations among the justices," adding, "The verdict date will be announced as soon as it is set."

The problem is that if the court faces a 'five justices for acceptance versus three justices for dismissal or rejection' scenario, a ruling might not be issued even by the 18th of next month. If a dismissal decision is made by a 5-3 vote without unanimous agreement, questions about the legitimacy of not appointing Ma Eun-hyuk as a Constitutional Court justice could arise.

Previously, on the 27th of last month, the court unanimously concluded that then-Acting President Choi Sang-mok's failure to appoint Ma was an "unconstitutional act." On the 24th, while dismissing the impeachment trial against Acting President Han, the court reaffirmed that Ma's non-appointment was unconstitutional and illegal, yet Ma has still not been appointed. In response, on the 28th, Speaker Woo Won-shik filed a second constitutional dispute trial against Acting President Han regarding the non-appointment of the Constitutional Court justice.

If this situation continues until the 19th of next month, the Constitutional Court's ability to issue rulings could be paralyzed, making it impossible to deliver a verdict on President Yoon's impeachment trial. This means that the suspension of President Yoon's duties could be prolonged indefinitely. In October last year, when former Chief Justice Lee Jong-seok and Justices Lee Young-jin and Kim Ki-young retired, reducing the court to six justices, the court suspended rulings for three months. A lawyer who is a former judge said, "After two justices retire and the court operates with six justices, it will not cause an unprecedented situation where the impeachment trial is indefinitely postponed," adding, "Now, even justices with minority opinions have no grounds to delay the verdict."

On the 11th, in front of the Constitutional Court in Jongno-gu, Seoul, the pro and anti-impeachment groups of President Yoon Seok-yeol stood facing each other, shouting their respective claims. Photo by Kang Jin-hyung

Meanwhile, as the Constitutional Court's hearing has prolonged excessively, the Democratic Party of Korea has demanded Acting President Han to appoint Ma by the 1st of next month, stating, "If (Acting President Han) does not fulfill his constitutional duty, we will take serious measures." Within the party, there are reports that legislative amendments to extend the terms of Justices Moon Hyung-bae and Lee Mi-seon are being discussed in case the verdict is not issued before their terms expire.