371 Days After Impeachment Motion Passed
"Cannot Be Justified Under Any Circumstances"
The Constitutional Court unanimously dismissed Cho Jiho, Commissioner of the National Police Agency, on December 18. This decision came 371 days after the National Assembly impeached him for participating in the December 3 emergency martial law incident last year. As a result, Cho has become the first Commissioner of the National Police Agency in the history of South Korea’s constitutional government to be removed from office through a Constitutional Court impeachment trial.
George Jo, Commissioner of the National Police Agency, who is accused of rebellion related to the December 3 emergency martial law incident, is appearing on the 13th at the Seoul Central District Court in Seocho-gu, Seoul, for a pre-arrest detention hearing (warrant review). Photo by Jo Yongjun
At 2:00 p.m. on this day, the Constitutional Court convened in the Grand Chamber to deliver its ruling on the impeachment trial of Commissioner Cho, upholding the National Assembly’s impeachment motion with the unanimous agreement of all nine justices. At approximately 2:13 p.m., Constitutional Court President Kim Sanghwan read the verdict, stating, “Cho Jiho, Commissioner of the National Police Agency, is hereby dismissed.” The dismissal took effect immediately, resulting in Cho’s loss of his position from that moment.
The Constitutional Court stated, “The respondent, Commissioner Cho, participated in the implementation of this martial law, which was seriously and clearly unconstitutional, following unconstitutional and unlawful orders from the president, thereby undermining the foundation of the liberal democratic order.” The court further pointed out, “Such actions are fundamentally contrary to the mission and duty entrusted to the Commissioner of the National Police Agency to uphold the Constitution.”
The court added, “Regardless of the circumstances before or after the declaration of martial law, the respondent’s awareness of the situation, or his relationship with the president who appointed him, these actions can neither be justified nor tolerated. The claim that the respondent did not recognize the unconstitutionality or illegality of this martial law is merely an admission that he neglected his duties as Commissioner of the National Police Agency.”
Commissioner Cho was impeached by the National Assembly on December 12 last year for blocking members of the National Assembly from entering the National Assembly building and deploying police officers to the National Election Commission and the Election Training Institute during the emergency martial law. The excessive crackdown on the National Workers’ Rally on November 9 last year was also included as grounds for impeachment.
The Constitutional Court held its first preparatory hearing for the impeachment trial on July 1, proceeding through a total of three preparatory hearings and three main hearings, culminating in Cho’s dismissal exactly one year after the impeachment motion. Commissioner Cho thus became the first high-ranking official and Commissioner of the National Police Agency to be dismissed through an impeachment trial in the wake of the emergency martial law incident since former President Yoon.
With the decision to dismiss Commissioner Cho, the Constitutional Court has concluded all cases involving high-ranking officials of the Yoon Suk-yeol administration who were impeached over allegations related to the emergency martial law.
Meanwhile, Commissioner Cho was indicted and detained in January on charges of participating in a rebellion by carrying out key tasks during the emergency martial law. He is accused of collaborating with former President Yoon to blockade the National Assembly and conducting illegal searches and seizures at the National Election Commission facilities. Suffering from blood cancer, he was released on bail later that month and is currently standing trial without detention.
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