The decision on whether to impeach President Yoon Suk-yeol will be announced at the Constitutional Court at 11 a.m. on the 4th. The ruling will be read by Acting Chief Justice Moon Hyung-bae. The reading of the ruling that dismissed former President Roh Moo-hyun's impeachment in 2004 took 26 minutes, and the reading of the ruling that affirmed former President Park Geun-hye's impeachment in 2017 took 21 minutes. Based on past rulings in impeachment cases, the announcement of the decision regarding President Yoon is expected to proceed in the following manner.
◇ Eight constitutional justices enter sequentially… Acting Chief Justice Moon Hyung-bae announces the start of the ruling
Eight constitutional justices will enter the grand courtroom before 11 a.m. on the 4th. Acting Chief Justice Moon Hyung-bae will sit in the middle, with the second-ranking justice sitting to his right, followed by the third-ranking justice to his left. In this order, all eight justices will take their seats. From the audience's perspective, the justices will be arranged from left to right as: Jeong Gye-seon, Kim Bok-hyeong, Jeong Jeong-mi, Lee Mi-seon, Moon Hyung-bae, Kim Hyung-doo, Jeong Hyung-sik, and Jo Han-chang.
Then, Acting Chief Justice Moon Hyung-bae will announce, "We will now begin the ruling on the impeachment case '2024헌나8' filed by the National Assembly against President Yoon Suk-yeol."
◇ Three possible decisions: 'dismiss', 'reject', or 'remove'… President's removal possible only with six justices' agreement
The Constitutional Court's impeachment ruling consists of an order containing the conclusion and a reasoning section explaining the basis.
The order can take one of three forms: 'dismiss', 'reject', or 'remove'. To immediately remove the president, at least six constitutional justices must agree. Conversely, if three or more justices express opinions of dismissal or rejection, the removal of the president becomes impossible. Dismissal signifies that the conditions for impeachment were not adequately met, and no judgment is made on the impeachment grounds. Rejection means that the president is judged not to have violated the Constitution or laws in the execution of their duties. If a dismissal or rejection decision is made, the president will immediately return to office.
Previously, in the 2017 ruling on former President Park Geun-hye's impeachment, the Constitutional Court ordered, "We remove President Park Geun-hye from office." In contrast, in the 2004 ruling on former President Roh Moo-hyun's impeachment, it stated, "We reject this impeachment request."
◇ If there is a unanimous opinion, the reasoning is read first; if there are dissenting opinions, the order is read first
The ruling method of the Constitutional Court varies depending on whether the justices' opinions are unanimous. In the case of a unanimous opinion, the reasoning is explained first, then the order is read. Conversely, if there is not a unanimous opinion, and dissenting or separate opinions exist, the order is read first, followed by the explanation of the reasoning.
In the 2017 impeachment case against former President Park Geun-hye, the Constitutional Court issued a unanimous decision to remove her from office. At that time, Acting Chief Justice Lee Jung-mi explained the reasons for the conclusion that this was a legitimate impeachment trial and the judgment for each ground of impeachment before announcing the order.
In contrast, in the impeachment trial of Prime Minister Han Duck-soo, a decision to dismiss was reached with five opinions in favor of dismissal, two for a non-judgment basis, and one for affirmation. During the announcement on the 24th of last month, Acting Chief Justice Moon Hyung-bae read the order first, and justices who had opinions of dismissal, affirmation, and non-judgment each explained their opinions.
However, this order of announcement does not have to be strictly adhered to. The order of ruling may change based on the court's deliberation. If the justices' opinions diverge and the order is read first, it could cause disorder both inside the grand courtroom and outside the Constitutional Court. Therefore, it is possible that the court could decide to read the reasoning first, followed by the announcement of the order.
◇ Final deliberation on the day of the ruling followed by signatures to confirm
The eight constitutional justices may have their final deliberation just before the ruling. According to reports, on March 10, 2017, just three hours before the ruling on former President Park Geun-hye's impeachment, the justices met in the cafeteria of the Constitutional Court to deliberate and voted in a meeting room to maintain security. Prior drafts of the ruling may also include all three options: dismiss, reject, and remove, in order to prevent premature leaks of the conclusion.
Once the final conclusion is confirmed during the last deliberation, the justices will revise and supplement the pre-drafted ruling based on the coordinated final opinions. After all justices have signed and sealed the ruling, it will be completed. Following this, once all justices have circulated the ruling document, Acting Chief Justice Moon will enter the grand courtroom with the ruling in hand to announce it.