South Korea's Top Court Ousts Impeached President Yoon Over Martial Law Declaration

In a tensely-awaited but ultimately unanimous decision, South Korea's Constitutional Court on Friday finalized the ouster of President Yoon Suk Yeol, putting its stamp of approval on his impeachment for having declared martial law on Dec. 3. While some hope the decision will end the country's biggest political crisis in decades, South Koreans must now choose a new president at a time of intense internal discord, alongside an economic shock in the form of President Trump's 25% tariff. 

The 8-0 ruling came after weeks of hearings followed by weeks of deliberation. Millions of South Koreans watched the announcement on live television, with many gathering with crowds convening to show either support or opposition of the impeachment. Wary of violence, authorities put some 14,000 police on standby, and gave police advance rules of engagement that cleared them to use pepper spray and batons.  Palaces and other important Seoul facilities were closed, and the US embassy cancelled routine business. As this is written, there are no reports of violence -- yet. Yoon's party said it "humbly" accepted the ruling, which makes Yoon the second president to have been impeached in the country's history.   

MalayMail)

Acting Chief Justice Moon Hyung-bae made the announcement at 11am local time: 

"Given the serious negative impact and far-reaching consequences of the respondent's constitutional violations, we hereby pronounce the following ruling, with the unanimous agreement of all Justices. (We) dismiss respondent President Yoon Suk Yeol....

He committed a grave betrayal of the trust of the people, who are the sovereign members of the democratic republic...The president took actions beyond the powers. He did not merely declare martial law, but went on to commit acts that violated the Constitution and the law, including mobilizing military and police forces to obstruct the National Assembly's exercise of its authority

Video captured an anti-Yoon crowd's reaction:

Tensions had mounted as South Korea awaited Friday's ruling. Over recent months, enormous demonstrations organized by both supporters and opponents of Yoon were a regular occurence. Ahead of the ruling, rhetoric ran hot. “If President Yoon is not reinstated, there will be a civil war,” said influential Pastor Jun Kwang-hoon, who has organized pro-Yoon demonstrations. He's described his work as a battle against "Communist Reds." In two indications of the passion on both sides, opposition-party members have staged hunger strikes in Seoul, while two Yoon partisans self-immolated in protest of his impeachment. 

For now, the ruling leaves acting president and prime minister Han Duck-soo atop South Korea's government. In an indication of the turmoil that has rocked the country since Yoon's early-December power move stunned the world, Han was himself impeached two weeks into his acting presidency, accused of aiding and abetting Yoon's martial law declaration. Last month, the Constitutional Court negated his impeachment, reinstating him as acting president. 

Per South Korea's constitution, an election must now be held within 60 days to choose his successor. Recent polls suggest that Lee Jae-myung of the center-left Democratic Party of Korea (DPK) is the clear favorite. Unlike Yoon, Lee recently came out on the right side of a court ruling:  His conviction on charges of making false statements during his 2022 presidential campaign was overturned in March. That case centered on Lee's having denied he knew a businessman involved in corruption-stained real estate development project. The High Court ruled that the evidence had been insufficient. In January 2024, Lee survived a would-be assassin's knife attack that left Lee bleeding from his jugular vein.   

In his stunning late-night declaration of martial law in December, Yoon railed against “shameless pro-North-Korean anti-state forces who are plundering the freedom and happiness of our citizens," promising that he would "eliminate anti-state forces as quickly as possible and normalize the country.” Soldiers and police immediately surrounded the National Assembly, but 190 of the 300 members of parliament managed to unanimously vote to annul the martial law declaration. Yoon retracted it and apologized, but was impeached in the following days. In his Constitutional Court hearings, he said the move was necessary to "alert the public" to the "wickedness" of the opposition.  

The 64-year-old Yoon may lose more than the presidency -- he has been criminally charged with insurrection, and his trial begins on April 14. His defense minister, Kim Yong-hyun, is likewise in legal peril. He resigned upon being charged with insurrection, and then attempted to kill himself hours later in police custody. Lawmakers accused him of sending drones to Pyongyang, North Korea to spark retaliation and give Yoon a pretext for martial law. The country's top two law enforcement officers were also arrested.