He South Korean Constitutional Court The preliminary hearing was held this Friday to determine whether the president of the country, Yoon Suk-yeolwill be permanently dismissed after his controversial decision to declare the martial law at the beginning of December.
Yoon, who was already provisionally dismissed by Parliament on December 14, faces accusations of having violated the Constitution.
The hearing began at 2:00 p.m., local time, and included the participation of the lawyers representing the National Assembly and Yoon’s legal team, recently formed and headed by Bae Bo-yoonformer spokesperson for the Constitutional Court during the impeachment trial that removed the former president Park Geun-hye between 2016 and 2017. The dismissed president did not personally attend the hearing, as he was not obliged to do so.
Both parties had to present their arguments, present their lists of witnesses and evidence and coordinate dates for future hearings, the first of which will take place next January 3as agreed this Friday.
At the moment only six judges make up the South Korean Constitutional Court given the conflictive blockade that exists between the two main political parties to appoint the new magistrates who must occupy the three vacant seats.
This dispute has led the opposition to present a parliamentary motion to try to remove Han Duck-sooprime minister who has assumed Yoon’s duties after his dismissal.
Until this Friday, Yoon had refused to accept the receipt of documents related to the procedure, had not sent requested documentation and had not appointed a legal representation team.
The Constitutional Court has a maximum term of June 11 to decide whether Yoon violated Magna Carta by proclaiming the state of emergency and whether he should be permanently dismissed or restored to his position.
In the event that these vacancies in the Constitutional Court are not filled, South Korean law establishes that at least six judges must approve a dismissal to make it effective, so a unanimous decision by the highest South Korean court would be necessary to definitively disqualify Yoon.
The president has denied accusations of having led an insurrection by surprisingly declaring martial law on December 3, which he had to revoke hours after Parliament voted in favor of its annulment.
Yoon Suk-yeol declared martial law last December 3in an act that he justified as a governance measure and warning towards the opposition, which he accused of being an “anti-state entity” and pro-North Korea. However, Parliament, dominated by the opposition, annulled the measure a few hours later, prompting the president to revoke it.
Since his provisional dismissal, the president faces investigations for alleged crimes of mutiny, abuse of power and insurrection. Despite repeated summons from the Prosecutor’s Office and the special team in charge of the investigations, Yoon ignored calls to testify.
In addition, he is prohibited from leaving the country while the process is taking place.
The political crisis also led to a parliamentary motion to try to remove the prime minister, Han Duck-soowho assumed presidential duties after Yoon’s suspension.
“We have presented the motion”, legislator Park Sung-joon told reporters at the National Assembly. “We will put it to the vote tomorrow (Friday).”
The motion was presented shortly after Han announced at a press conference his refusal to approve the appointment of three judges to the Constitutional Court to deliberate on the dismissal of his predecessor, Yoon Suk Yeol, citing the need for a bipartisan agreement.
South Korean Finance Minister Choi Sang-mokasked this Friday the National Assembly (Parliament), controlled by the opposition, to reconsider its decision to vote on an impeachment motion against the interim president, Han Duck-soo, alleging that it would be a significant blow to government affairs.
”In times of global trade wars and national emergencies, the absence of a control tower for the affairs of state would cause serious damage to the credibility of our country, the economy, national security and continuity of governance,” he said. Choi at a press conference, according to statements reported by the South Korean Yonhap news agency.
(With information from EFE and AFP)
