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Asia Times
04-04-2025
- Politics
- Asia Times
Historic reckoning in South Korea
The unanimous decision by the Constitutional Court of South Korea to remove President Yoon Suk-yeol from office represents a critical moment in the Republic's democratic history. The ruling, issued on April 4, 2025, not only resolves a deepening constitutional crisis but also sets a powerful precedent regarding the limits of executive authority, the resilience of institutional checks and balances, and the enduring primacy of the rule of law in times of political dysfunction. Amid widespread concerns over global democratic backsliding and within a region marked by increasing strategic volatility, South Korea's judiciary has acted decisively to uphold the integrity of its constitutional framework. In doing so, it reaffirmed the foundational premise of democratic governance: that all political actors, including the head of state, remain fully accountable under constitutional law. President Yoon's impeachment stemmed from a broad and deeply troubling array of actions, all of which the Constitutional Court found to be unconstitutional. At the center of the case was Yoon's unilateral declaration of martial law on December 3, 2024– a move the Court deemed unjustified by any legal or factual standard. Far from addressing a genuine national emergency, the declaration was viewed as a deliberate attempt to suppress legislative oversight and criminalize political dissent. Yoon had further escalated the constitutional crisis by ordering the deployment of military and police units to interfere with the functioning of the National Assembly – an act that directly violated the core principle of separation of powers and undermined the autonomy of the legislature. The Court also identified procedural violations in the manner martial law was declared, particularly Yoon's decision to bypass constitutionally mandated cabinet deliberations and disregard the required countersignatures from ministers. Moreover, his issuance of Proclamation No. 1 – which banned the political activities of lawmakers and parties – was seen as an authoritarian attempt to neutralize political opposition and dismantle representative democracy. The situation was compounded by attempts to intimidate the National Election Commission through surveillance and planned raids. These actions, taken collectively, were not merely procedural irregularities; they constituted a direct and deliberate assault on the foundational norms of South Korea's democratic constitutional order. The impeachment, therefore, was not a matter of partisan rivalry, but a profound legal reckoning with executive overreach. In assessing the declaration of martial law, the Court cited the South Korean Constitution, which allows such a measure only in extreme situations – such as war or national emergencies – that make civil governance unworkable. The Court found no evidence to support the claim that such conditions existed. The legislative process – including the initiation of an impeachment motion – cannot be construed as an existential threat to the nation. As such, the Court ruled that Yoon's invocation of emergency powers was an unjustified and disproportionate use of state authority. This action, rather than addressing any legitimate security concern, sought to criminalize dissent and circumvent the democratic process. The Court's decision thus served as a forceful defense of legislative sovereignty and the inviolability of constitutional procedures. The use of state force to disrupt legislative proceedings and intimidate elected representatives was declared a grave constitutional violation. The constitutional provisions safeguarding the autonomy and supremacy of the National Assembly in its legislative and oversight roles were unequivocally breached. The Court also ruled that Proclamation No. 1 had no legal foundation and amounted to an autocratic directive that suppressed political pluralism – an essential component of democratic governance. By replacing lawful democratic engagement with executive decree, Yoon attempted to substitute authoritarian control for constitutional rule. What further distinguishes this ruling is the unanimity with which it was delivered. In contrast to the impeachment of President Park Geun-hye in 2017, which, although upheld, exposed deep public and political divisions, the decision to remove President Yoon was endorsed by all eight sitting justices. This rare judicial solidarity amplifies the legitimacy of the verdict and underscores the judiciary's commitment to defending democratic norms. The court presented itself not as a partisan actor but as a guardian of constitutionalism – rising above political polarization to deliver a clear and binding interpretation of the law. Its assertion that President Yoon had 'abandoned his duty to uphold the Constitution and betrayed the trust of the people' captured both the moral weight and legal precision of its conclusion. Although the Court acknowledged the reality of political dysfunction, including obstructionist tactics by the opposition, it categorically rejected any suggestion that such circumstances could justify an executive override of constitutional processes. The ruling emphasized the imperative of resolving political disputes through established legal mechanisms, dialogue, and compromise. By framing Yoon's conduct as not just illegal but a betrayal of democratic ethos, the court reinforced the principle of constitutional patriotism – asserting that loyalty to the constitutional order must supersede personal ambition or partisan loyalty. In this sense, the verdict transcended the legal realm to offer a philosophical reaffirmation of democracy itself: a vision in which the rule of law stands as the final arbiter of power. In the wake of the ruling, South Korea must now transition toward new political leadership. Under the Constitution, a presidential election must be held within 60 days following the removal of a president from office. With Yoon's dismissal finalized on April 4, 2025, the country is poised for a pivotal electoral contest Current polling indicates that Lee Jae-myung, former leader of the Democratic Party, is the leading candidate. Should Lee secure the presidency, he is expected to implement significant changes in both domestic governance and South Korea's foreign policy orientation. Unlike Yoon, who closely aligned his administration with the US-led Indo-Pacific Strategy and emphasized trilateral cooperation with the US and Japan, Lee is likely to pursue a more balanced and multipolar foreign policy. His approach envisions a diversification of strategic partnerships, a strengthening of ties with middle powers such as Eurasian, ASEAN and South Asian countries, and active advocacy for the reform of global governance structures to make them more inclusive and equitable. This prospective shift signals a reorientation of South Korea's international role – from one rooted in rigid geopolitical blocs to a more pragmatic and issue-based regional framework. Within this evolving foreign policy landscape, the potential for deeper strategic engagement with India stands out as a particularly promising development. As two of Asia's most prominent democracies, India and South Korea share a longstanding commitment to a rules-based international order, peaceful conflict resolution, and economic growth propelled by technological innovation. India's expanding global influence – demonstrated through its campaign for a permanent seat on the UN Security Council and leadership in multilateral platforms such as the G20, BRICS, and the Shanghai Cooperation Organisation – aligns well with South Korea's aspiration to pursue middle power diplomacy and strategic autonomy. There exists a clear opportunity to deepen bilateral cooperation across a range of strategic sectors. Economic integration remains a high priority, bringing with it enhanced collaboration in emerging domains such as artificial intelligence, green technologies, and digital trade. On the multilateral stage, both nations can benefit from closer coordination in global governance reform efforts – particularly in areas like climate policy, cybersecurity, and the restructuring of institutions such as the WTO and WHO. South Korea's anticipated shift toward deeper engagement with middle powers under new leadership represents more than a tactical adjustment in foreign policy – it reflects a broader convergence of democratic values and a mutual acknowledgment of each nation's evolving influence in the global order. At the same time, the administration's expected outreach to China, Russia, and North Korea signals a significant recalibration of regional diplomacy. By pursuing more constructive relations with these neighboring powers, South Korea has the potential to reshape the geopolitical landscape of Northeast Asia. Such efforts could help ease long-standing tensions on the Korean Peninsula, revive dormant diplomatic initiatives, and promote a more balanced and inclusive security framework. Beyond political rapprochement, this strategic realignment may pave the way for enhanced economic cooperation, joint energy ventures, and expanded humanitarian engagement – marking a shift toward pragmatic diplomacy grounded in coexistence, stability, and long-term regional resilience. Ultimately, the Constitutional Court's ruling on April 4, 2025, marks more than the removal of a sitting president – it stands as a democratic milestone. By holding President Yoon accountable for flagrant violations of constitutional norms, the court delivered a powerful message both domestically and internationally: Democracy is not just a form of government but a framework of accountability and institutional integrity. South Korea has shown that even in times of crisis, it is possible for a democracy to confront and overcome internal challenges without compromising its core principles. The decision affirms the strength of constitutionalism in East Asia and serves as a reminder that the true test of democracy lies not in the absence of conflict but in the ability to resolve it through law, justice, and the enduring authority of democratic institutions. As the nation prepares for new leadership and a possible redefinition of its global role, the world watches closely – perhaps with admiration for a democracy that has chosen to uphold its highest ideals when they were most at risk.
Korea Herald
10-02-2025
- Politics
- Korea Herald
Yoon's trial enters final stage, verdict expected in March
President Yoon Suk Yeol's impeachment trial entered its final stage this week, with just two formal hearings remaining, and legal circles expecting the verdict would be out in mid-March. The Constitutional Court will hold the seventh and eighth hearings on Tuesday and Thursday, questioning eight witnesses. While further hearings may be scheduled, it is likely that the court will conclude proceedings by the end of February and issue a decision on Yoon's impeachment in March. On Monday, the court's press officer Cheon Jae-hyun told reporters that 'no additional hearings are planned as of now.' But some predict that at least two more sessions could be added, summoning impeached Prime Minister Han Duck-soo and Defense Counterintelligence Command officer Lee Kyung-min, who have yet to give testimony. Until now, the country's top court has held two preliminary hearings and six formal hearings since the National Assembly impeached Yoon over his Dec. 3 martial law declaration on Dec. 14 last year. Yoon has attended every hearing since the third session on Jan. 21. The court has examined the procedures for declaring martial law, details of Proclamation No. 1, military intervention in the National Election Commission, Yoon's attempt to seize control of the National Assembly, and efforts to detain politicians. Witnesses so far have included former Defense Minister Kim Yong-hyun and three key commanders involved in the controversial Dec. 3 martial law declaration. On Tuesday, the court will question former Minister of the Interior and Safety Lee Sang-min, National Security Office Chief Shin Won-sik, former NIS Deputy Director Baek Jong-wook, and NEC Secretary-General Kim Yong-bin. On Thursday, the court will hear from four more witnesses: Police Chief Cho Ji-ho, former Seoul Police Chief Kim Bong-sik, NIS Director Cho Tae-yong, and Capital Defense Command's 1st Security Battalion Commander Cho Sung-hyun. Among the remaining witnesses, Baek Jong-wook's testimony is likely to be crucial, as Yoon's defense team is expected to emphasize allegations of election fraud during his questioning. Whether such claim is true or relevant to the martial law declaration criteria, the Constitutional Court has already dismissed requests from Yoon's team to examine voter numbers and audit the NEC server. After completing witness examinations, the court is likely to set a separate date for Yoon's final statement. In previous impeachment trials, the court held two hearings following the conclusion of witness testimonies in the case of former President Roh Moo-hyun and one hearing for former President Park Geun-hye. The court issued its verdict two weeks after final arguments in Roh's case and 11 days later in Park's case. Based on this precedent, a decision on Yoon's impeachment is expected by mid-March, approximately three months after the National Assembly passed the impeachment motion. This timeline is similar to Park's case (91 days) but longer than Roh's (63 days). Meanwhile, Yoon's legal team is reportedly trying to delay the proceedings, having already requested to reduce the frequency of hearings to once a week. They may also ask to halt the trial based on the Article 51 of the Constitutional Court Act, which allows the court to pause impeachment proceedings if a criminal trial involving the same allegations is ongoing. The first preliminary hearing for Yoon's criminal case on charges of leading an insurrection is scheduled for Feb. 20.
