March 20, 2025
SEOUL – The Constitutional Court’s deliberation on the motion to impeach President Yoon Suk Yeol is taking longer than expected, as more than three weeks have passed since hearings ended in late February.
Deliberations in the impeachment cases of former presidents Park Geun-hye and Roh Moo-hyun concluded within two weeks.
Although Justice Cheong Hyung-sik, who presides over the case, stressed in December a speedy ruling on the case of Yoon and his short-lived martial law imposition, the court bench has yet to announce the date for its final verdict as of press time. The court typically announces verdict dates at least two or three weekdays in advance, meaning without an announcement Wednesday, it will likely be delivered next week.
Speculations abound over why the court’s decision is being delayed. The court only told reporters that it would announce the verdict date after it notifies both the parliament and Yoon’s representatives.
Representing the National Assembly in the impeachment trial of Justice Minister Park Sung-jae on Tuesday, Democratic Party of Korea Rep. Jung Chung-rae, asked the court to “swiftly confirm the date of President Yoon’s impeachment ruling.”
A majority opinion of at least six of eight justices is required to uphold an impeachment.
Kim Seon-taek, a professor of law at Korea University who specializes in constitutional law, said the amount of time it was taking suggested a lack of consensus among the justices.
“The court should have already completed writing its opinion given the time it takes to do so,” he told The Korea Herald.
Kim suggested that even if at least six justices agree to uphold Yoon’s impeachment, one or two justices who oppose the president’s impeachment may delay finalizing their dissenting opinions.
Conversely, if at least three of the eight justices oppose impeachment, those in favor might be stalling until left-leaning appointee Ma Eun-hyuk is confirmed, he said. Acting President Choi Sang-mok has so far refused to approve the appointment, despite a court ruling that found his inaction unconstitutional.
Rep. Yoo Sang-bum of the ruling People Power Party told reporters Wednesday that he believed justices at the court “have conflicting opinions between themselves while deliberating on the case,” given the verdict is being delayed by more than a week compared with previous cases.
Seoul Mayor Oh Se-hoon also thinks there is likely disagreement on the bench, telling TV Chosun Monday that “some circumstances have arisen that make it difficult to reach a consensus.” He added that some of the right-leaning justices at the court might have diverged from the majority.
Oh is one of the potential conservative contenders if an early presidential election is held.
However, Kim Dong-yeon, governor of Gyeonggi Province and former deputy prime minister, said Tuesday the court’s delay was due to “its process to reach a unanimous decision to minimize social division.”
Rival parties are spinning the Constitutional Court’s delay in their favor.
Ruling party lawmaker Rep. Jang Dong-hyeok told reporters Tuesday that there is “no reason for (the court’s) acting chief justice Moon Hyung-bae to delay the ruling if it secured the minimum (of six justices) that have concurring opinions.”
But Rep. Jeon Hyun-heui of the main opposition Democratic Party of Korea told MBC Monday that she believed the Constitutional Court “had already reached a conclusion to uphold the impeachment” while the court is internally working to narrow differences with dissenting justices.
Whatever the date of the Yoon impeachment verdict, authorities in South Korea are bracing for any crowd violence amid deepening social division. Acting President Choi Sang-mok has urged citizens to peacefully accept the verdict.
Police will mobilize some 20,000 riot police officers nationwide on the impeachment ruling date, and are working to empty the 100-meter radius around the Constitutional Court. Also, Anguk Station of Seoul subway line No. 3 will be temporarily shut down from the Yoon ruling date.
In March 2017, four people died on the day of former President Park’s verdict amid fierce protests against the court decision.