South Korea’s political landscape faces a pivotal moment as impeached President Yoon Suk Yeol is set to make his first appearance at the Constitutional Court on Tuesday. The proceedings will determine whether Yoon will be permanently removed from office following his controversial martial law declaration in December, which thrust the nation into a constitutional crisis.
The turmoil began on December 3, 2024, when President Yoon declared martial law in response to escalating tensions and civil unrest. However, the drastic measure lasted only six hours before being overturned by a swift parliamentary vote. Lawmakers promptly moved to impeach Yoon, citing his actions as a severe breach of democratic norms.
In an unprecedented turn of events, Yoon became the first sitting president in South Korean history to be arrested during an ongoing insurrection investigation. The arrest intensified political divisions and sparked widespread protests, both for and against the embattled leader.
The Constitutional Court, which holds the authority to confirm or reject the impeachment, has been convening to deliberate on Yoon’s fate. His lawyer, Yoon Kab-keun, confirmed that the president would attend the upcoming session, marking his first in-person participation in the hearings.
“The President will appear at the Constitutional Court tomorrow,” Yoon Kab-keun stated. His presence is expected to influence the trial, as judges will have the opportunity to question him directly, a significant factor in determining the outcome of the proceedings.
Legal experts suggest that Yoon’s presence could be pivotal. “Whether it’s the legal representative speaking or Yoon himself speaking, it’s nearly the same in terms of legal defense. However, hearing directly from the defendant allows the judges to confirm facts firsthand,” said lawyer Kim Nam-ju. This direct interaction could play a crucial role in the court’s deliberations.
Despite attending the Constitutional Court, Yoon has remained defiant towards the Corruption Investigation Office (CIO), which is probing the legality of his martial law declaration. He has repeatedly refused to submit to questioning, prompting criticism that his non-compliance undermines his defense in the impeachment trial.
“Refusing to comply with the warrant execution and declining to testify will gradually be considered as factors unfavorable to his case in the impeachment trial,” Kim added. “It shows they are not adhering to the legal framework.”
Yoon’s impeachment and subsequent arrest have deepened the political divide in South Korea. The opposition Democratic Party, which holds a parliamentary majority, has strongly supported the impeachment. Party leaders view Yoon’s legal troubles as a necessary step to restore democratic governance.
A top Democratic Party official lauded the arrest, calling it “the first step to restoring constitutional and legal order.” The sentiment resonates with many opposition supporters who view Yoon’s presidency as a threat to democratic norms.
On the other hand, Yoon’s core supporters have rallied behind him, perceiving the impeachment and arrest as politically motivated attacks. Hundreds of pro-Yoon protesters demonstrated outside the court during his recent hearing, with some engaging in scuffles with police officers. This support underscores the deep polarization within South Korean society.
The Constitutional Court’s decision is expected to be a drawn-out process, potentially lasting months. If the court upholds the impeachment, Yoon will be permanently removed from office, and new presidential elections will be mandated within 60 days. Conversely, if the court overturns the impeachment, Yoon could be reinstated, a scenario likely to further inflame political tensions.
Yoon’s strategy appears to be twofold: leveraging public appearances to galvanize his base while challenging the legal processes that threaten his presidency. His decision to attend the Constitutional Court hearings might be aimed more at rallying public opinion than contributing constructively to the legal proceedings.
