The Constitutional Court's decision on whether to impeach President Yoon Suk-yeol will be announced at 11 a.m. on the 4th. The court can make one of three decisions: 'dismissal,' 'rejection,' or 'approval.' During the 11 hearings held previously, President Yoon's side argued for dismissal and rejection, while the National Assembly's side argued for approval.
'Dismissal' is a decision made when the requirements for impeachment are not properly met. If at least four judges express a dismissal opinion, the court will not make any determination on whether there are grounds for impeachment. If a dismissal decision is reached, President Yoon will return to his duties.
President Yoon's side has argued for dismissal based on the National Assembly's withdrawal of the charge of insurrection. The National Assembly stated during the second hearing preparation session for President Yoon's impeachment on Jan. 3 that it would 'withdraw the insurrection charge from the grounds for impeachment.' This meant that the determination of whether there was guilt regarding the insurrection charge would be dealt with separately in the ongoing criminal trial against President Yoon.
In this regard, President Yoon's side stated, 'The withdrawal of the insurrection charge from the grounds for impeachment means not just the withdrawal of one of the two charges but the withdrawal of a whopping 80% of the contents of the impeachment.' They also noted that 'the National Assembly has abused its impeachment authority' and that 'this impeachment should rightly be dismissed.'
Meanwhile, 'Rejection' is a decision made when the Constitutional Court determines that President Yoon has not seriously violated the Constitution or law. 'Approval,' on the other hand, is a decision made when the court finds that President Yoon has seriously violated the Constitution or law.
If six or more of the eight Constitutional Court judges express their support for impeachment, an approval decision will be made. This would result in President Yoon being immediately dismissed. Conversely, if fewer than six judges express support for impeachment, a rejection decision will be made, allowing President Yoon to return to his duties immediately.
President Yoon's side has emphasized the legitimacy and procedural legality of the Dec. 3 emergency martial law. The legal team for President Yoon stated in its final argument on Feb. 25 that '(President Yoon) judged the situation as a state of emergency in light of the paralysis of the judiciary due to the National Assembly's abuse of impeachment powers, legislative dictatorship by the National Assembly, and the government's inability to function due to indiscriminate budget cuts.' They also stated, 'He did not direct the arrest of politicians or judges, nor was there any attempt made. The only request made was for position verification, but it was somewhat exaggerated as the direction was passed down.' They argued, 'It is inappropriate to speak of events that did not occur, and we earnestly request the rejection of the impeachment claim.'
President Yoon also stated in his final remarks during the impeachment trial that 'he declared a state of emergency with an urgent heart to prevent paralysis of state affairs and collapse of the free democratic constitutional order and to normalize state functions,' asserting that 'the state of emergency is not a crime but a legitimate exercise of the president's authority to overcome a national crisis.'
In response, the National Assembly stated in its final argument that 'the state of emergency is an act of destruction against the Constitution of the Republic of Korea and an act of subversion against the democratic republic,' asserting that 'President Yoon must be swiftly dismissed.'
The impeachment motion against President Yoon, which was passed by the National Assembly on Dec. 14 of last year, included the assertion that 'despite failing to meet the requirements for martial law required by the Constitution, he issued the emergency martial law on Dec. 3, violating the Constitution and law, thus undermining constitutional values such as ▲popular sovereignty ▲the principle of separation of powers ▲political neutrality of public officials, including military personnel ▲the freedom of political parties and activities ▲freedom of press, publication, assembly, association, and expression.'