South Korea’s Constitutional Court Overturns Prosecutors’ Impeachment Ahead of failing to indict first lady

Yoon Suk Yeol - Kim Keon Hee

South Korea’s Constitutional Court on Thursday unanimously rejected the impeachment of three prosecutors accused of failing to indict First Lady Kim Keon Hee in a stock manipulation case. The court also dismissed an impeachment motion against the chief state auditor, setting a crucial precedent just days before a separate ruling on President Yoon Suk Yeol’s impeachment.

The court’s 8-0 ruling allows the prosecutors to immediately return to duty, highlighting the judiciary’s skepticism toward the opposition-led National Assembly’s impeachment drive. The ruling is widely seen as a preview of how the court might rule on Yoon’s fate, as the president awaits a verdict on his removal from office following his controversial attempt to impose martial law late last year.

The impeachment of the three prosecutors and the chief state auditor was spearheaded by the opposition-controlled National Assembly in December, part of a broader effort to challenge Yoon’s administration. Lawmakers accused the prosecutors of deliberately shielding First Lady Kim from indictment in an investigation into her alleged role in manipulating the stock price of Deutsch Motors, a local auto dealer.

The prosecutors were also charged with making misleading statements about the case in press briefings. However, the court found insufficient legal grounds to support their impeachment. Under South Korean law, impeachment requires the approval of at least six of the court’s nine justices. In this case, all eight justices present rejected the motion, signaling a strong rebuke of the opposition’s claims.

The National Assembly had also moved to impeach Chief State Auditor Choe Jae-hae, alleging that he failed to properly review suspected irregularities surrounding the relocation of the presidential office and residence in 2022. The court, however, found the accusations unconvincing.

Thursday’s ruling dealt a significant setback to the opposition, which has aggressively pursued impeachment measures against key government figures, including President Yoon.

The court’s decision comes just days before it is set to rule on the impeachment of President Yoon Suk Yeol. The National Assembly impeached Yoon in December over his short-lived bid to impose martial law, citing what he called a “paralysis” of state affairs due to relentless opposition-imposed impeachments.

If the court upholds Yoon’s impeachment, he will be immediately removed from office, triggering a snap presidential election within 60 days. If the court rejects it, Yoon will resume his duties, potentially emboldened by what his allies see as an overreach by the opposition.

The rulings on the prosecutors and the auditor suggest that the court may take a cautious approach to impeachment cases, setting a high bar for removal from office. Some legal analysts argue that this could bode well for Yoon’s chances of survival, as his impeachment is also seen as highly political.

“The court has sent a clear message that impeachment should be based on solid legal grounds, not political disputes,” said legal expert Lee Sang-hoon. “This ruling suggests that Yoon’s impeachment case will also be evaluated strictly based on constitutional and legal criteria, rather than political pressure.”

The failed impeachment of the prosecutors revives scrutiny over the controversy involving First Lady Kim Keon Hee. The allegations date back to her reported involvement in a stock price manipulation scheme related to Deutsch Motors.

Opposition lawmakers and critics have long accused the Yoon administration of shielding the first lady from prosecution, pointing to what they call a “pattern of leniency” toward figures close to the president. However, prosecutors have maintained that there was insufficient evidence to indict Kim.

The controversy surrounding the case has been a flashpoint in South Korean politics, with opposition figures using it to fuel their broader campaign against Yoon’s presidency. Following Thursday’s court ruling, opposition leaders condemned the decision, calling it a “serious blow to accountability.”

“This ruling proves that the judiciary is protecting the powerful instead of upholding justice,” said Democratic Party lawmaker Park Hong-geun. “The people of South Korea will not tolerate a government that refuses to hold its own officials accountable.”

With the opposition’s impeachment efforts faltering, all eyes are now on the upcoming ruling on Yoon’s impeachment. Public opinion remains deeply divided. While some South Koreans view the opposition’s impeachment push as necessary to check an overreaching president, others see it as political maneuvering.

A rejection of Yoon’s impeachment could reenergize his administration and shift political momentum ahead of the 2026 legislative elections. Conversely, if the court upholds the impeachment, it would mark a historic moment, making Yoon only the second South Korean president to be removed from office after Park Geun-hye’s ouster in 2017.

Meanwhile, the prosecution stated Thursday that there would be “no change” in its decision not to appeal Yoon’s release from jail. Under South Korean law, prosecutors have until Friday to challenge the court’s ruling. However, their decision not to appeal suggests they are preparing for a post-impeachment political landscape, regardless of the court’s final verdict.

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