SEOUL - The South Korean Constitutional Court is likely to deliver its ruling on the impeachment trial of suspended President Yoon Suk Yeol on either March 20 or 21, the legal community here has said.
With the political turmoil stemming from Mr Yoon’s Dec 3 martial law imposition continuing to grip the nation, the court could deliver a verdict by the end of this week after going through a wide range of highly sensitive issues that emerged during the hearings, sources in the legal community said on March 17.
As of March 17, the Constitutional Court had heard and deliberated on the case for 93 days since it received the impeachment motion against Mr Yoon passed by the opposition-controlled National Assembly on Dec 14.
The court’s deliberation process on Mr Yoon’s case marks the lengthiest in the history of South Korean presidential impeachment trials.
In 2004, it delivered the verdict for former president Roh Moo-hyun 63 days after receiving the motion from the Assembly, while in 2017, it took 91 days for Park Geun-hye, another former president.
There is a 180-day time limit for the court to deliver a verdict on whether to reinstate Mr Yoon or remove him from office.
However, a constitutional law expert projected a further delay in the delivering of the verdict, pointing out that the current eight-member bench is treading cautiously due to the sensitivity of the case.
“Throughout the Constitutional Court hearings, Yoon, as a defendant, has repeatedly brought up suspicions of election fraud by the National Election Commission as a main reason behind his surprise martial law declaration,” Konkuk University’s constitutional law professor Hwang Do-ssu told The Korea Herald on March 17.
“Yoon cannot be convicted of insurrection if there is any evidence found that could back up his claims that he declared martial law to protect the country’s democracy,” the Seoul-based expert added.
Mr Yoon has accused the main opposition Democratic Party of Korea of “trying to overthrow free democracy” by impeaching members of his Cabinet and blocking his budget plans and key initiatives.
At the same time, Mr Yoon is likely to be convicted of breaching the Martial Law Act, which is another key charge against him in addition to insurrection.
Even then, the eight-member bench is likely to be heavily divided over whether to remove Mr Yoon from office, according to Prof Hwang.
“It is going to take some time for the court to decide whether it is fair for them to completely remove Yoon from office, when there are other forms of punishments.”
Protesters hold placards that read "Dismiss Yoon Suk Yeol immediately!" during a demonstration against impeached South Korean President Yoon Suk Yeol in Seoul on March 17, 2025, ahead of the impeachment verdict for the President. (Photo by Jung Yeon-je / AFP)
Protesters hold placards that read “Dismiss Yoon Suk Yeol immediately!” during a demonstration against impeached South Korean President Yoon Suk Yeol in Seoul on March 17.PHOTO: AFP
Although the current court has eight justices with one seat vacant, the six-vote threshold remains to confirm Mr Yoon’s removal from office.
If the court plans to deliver its ruling on Mr Yoon’s case by the end of the week, it is likely to announce the date of the verdict around March 18 or 19.
It has traditionally announced when a verdict will come two or three days in advance. The announcement is made after the defendant is confirmed to have received and verified the date.
The Constitutional Court is also currently deliberating on the impeachment case of suspended Prime Minister Han Duck-soo, and is likely to deliver a ruling on that ahead of Mr Yoon’s case, according to observers. THE KOREA HERALD/ASIA NEWS NETWORK
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