SEOUL, South Korea Dec 16(Dr.MD Moon)–The Constitutional Court of Korea announced on Monday that it will prioritize President Yoon Suk Yeol’s impeachment trial, scheduling the first preparatory hearing for 27 December.
Lee Jin, Director General of the Constitutional Court’s Public Information Office, stated in a press briefing that justices Lee Mi-sun and Jeong Hyung-sik have been appointed as lead justices to oversee the examination of evidence and arguments.
The identity of the chief justice, who will draft the resolution and prepare arguments, has not been disclosed by the court. The chief justice is selected through a random draw, though news reports suggest that Jeong, appointed by Yoon in 2023, has been designated as the chief justice. While it is not mandatory for the court to reveal the chief justice’s identity, it did so in 2017 during former President Park Geun-hye’s impeachment case, citing the “severity of the issue.”
The court has also established a task force of 10 constitutional researchers, led by a senior researcher, and plans to secure investigation records from prosecutors and police in advance. Preparations are underway to deliver a copy of the impeachment trial bill to Yoon and request his reply, though it is not compulsory for him to respond.
It is highly likely that Yoon will not attend the 27 December hearing, as it is a preparatory procedure. However, he must attend the public hearing of his trial and participate in oral pleading. If he fails to appear, the date will need to be rescheduled.
On Monday, news reports indicated that Kim Hong-il, former chief of the Korea Communications Commission, will lead Yoon’s legal team of up to six attorneys. Kim, who has reportedly left the local law firm Shin & Kim, was formerly Yoon’s boss at the Supreme Prosecutors’ Office in the early 2010s. Seok Dong-hyun, former secretary-general of the Advisory Council on Democratic and Peaceful Unification and Yoon’s confidant for 40 years, is also reportedly joining the team.
While the court emphasized that the six justices at the nine-seat bench can conduct both hearings and arguments, Justice Kim Hyeong-du told reporters that he expects “the nine-justice panel to be completed within December.” Parliament plans to hold confirmation hearings for three new justice candidates on 24 December and conduct a vote on their appointments as early as 30 December. The opposition Democratic Party has nominated two candidates, Jung Gye-seon and Ma Eun-hyeok, judges from the Seoul Eastern District Court, while the ruling People Power Party has nominated Cho Han-chang, former judge at the Seoul High Court.
The impeachment charge against Yoon centers on the alleged unconstitutional and unlawful nature of his declaration of martial law, specifically the violation of Article 77 of the Constitution by failing to adhere to required conditions and procedures. This case is seen as more straightforward than the Park Geun-hye impeachment, which took 91 days to decide, as it focuses solely on the constitutional and legal breaches surrounding the declaration of martial law.
In his national address on 12 December, Yoon defended the legitimacy of his martial law declaration and signaled his intent to challenge the case on legal grounds. “Deploying a small number of troops temporarily to maintain order—how is that a rebellion?” he stated.
Meanwhile, the main opposition Democratic Party announced on Monday that it has begun discussing the formation of an impeachment prosecution committee. The committee is expected to include lawmakers from the Democratic Party, which holds a majority in the National Assembly, as well as members from the People Power Party and the Progressive Reform Party. Within the Democratic Party, it is anticipated that Jeong Cheong-rae, the chair of the Judiciary Committee, who would serve as prosecutor, along with lawmakers with legal expertise, will join the committee.
