Constitutional Court Unanimously Approves Impeachment of President Yoon Suk-yeol

On April 4, 2025, the Constitutional Court of South Korea unanimously ruled to approve the impeachment motion against President Yoon Suk-yeol. The court's decision was announced by Acting Chief Justice Moon Hyung-bae, who outlined the key points of the ruling.

The court began by addressing the legal requirements for the impeachment case, specifically regarding the declaration of martial law by President Yoon. It stated that even if the declaration was a politically charged decision, it could still be subject to judicial review to uphold constitutional order.

The court examined whether the National Assembly's decision to pass the impeachment motion without an investigation by the Legislation and Judiciary Committee was valid. It concluded that the Constitution allows the National Assembly to determine its own impeachment procedures, and thus the lack of an investigation did not invalidate the motion.

The court also ruled that the impeachment motion did not violate the principle of non bis in idem, as the first impeachment motion against Yoon had failed to pass in the previous session, allowing for a new motion to be introduced in the current session.

Regarding the martial law declaration, the court found that even though it was lifted quickly and no harm was reported, the grounds for impeachment had already been established. The court noted that the change in the legal basis for the impeachment from criminal law violations to constitutional violations was permissible without requiring special procedures.

The court dismissed claims that the impeachment motion was an abuse of power aimed at usurping the presidency, stating that the process was lawful and that sufficient evidence of constitutional violations had been presented.

The court then assessed whether President Yoon had violated the Constitution or laws in the execution of his duties, particularly focusing on the martial law declaration. It highlighted that the declaration did not meet the necessary conditions outlined in the Constitution and martial law laws, which require a significant national emergency.

The court found that Yoon's claims of a crisis due to the opposition's actions in the National Assembly were unfounded, as the legislative process was ongoing and did not constitute a state of emergency. Furthermore, the court ruled that the use of military force to address political disputes was inappropriate and violated the principles of democracy and the rule of law.

In conclusion, the court determined that President Yoon's actions constituted serious violations of the Constitution, undermining democratic governance and the rights of citizens. The court unanimously agreed that the benefits of upholding the Constitution through impeachment outweighed any potential national losses from his removal.

The ruling concluded with the formal announcement of Yoon Suk-yeol's impeachment, marking a significant moment in South Korea's political landscape.