ديجيتال فابلت

الوسم: Constitutional Court

  • South Korea Launches Trial for Ousted President Yoon’s Insurrection

    South Korea Launches Trial for Ousted President Yoon’s Insurrection

    Former South Korean President Yoon Suk Yeol greets his supporters while leaving the presidential residence in Seoul, South Korea, on April 11, 2025. —Reuters

    SEOUL: In a courtroom appearance on Monday, ousted South Korean President Yoon Suk Yeol defended his controversial martial law declaration from late last year, asserting that it was “not a coup d’état.” He is facing a criminal trial for allegedly inciting an insurrection.

    The martial law declaration lasted only about six hours before Yoon abandoned the plan under pressure from lawmakers and public protests. This incident has led to months of instability and ultimately resulted in the Constitutional Court’s decision to remove him from office for violating constitutional powers.

    After departing his residence in a motorcade, Yoon entered the Seoul Central District Court clad in a dark navy suit and a red tie. He has consistently denied all charges against him.

    During the trial proceedings, prosecutors argued that Yoon lacked the legal basis to impose martial law, claiming he intended to immobilize state institutions, including parliament. “The defendant rendered it impossible for constitutional organizations to perform their duties based on an unlawful order,” stated the prosecution.

    Yoon, who previously served as the nation’s chief prosecutor, took the stand and vigorously countered the prosecutors’ claims. “Martial law does not equate to a coup d’état,” he contended.

    He argued that the rules were necessary to inform the public about the opposition party’s attempts to hinder governance by impeaching over 20 officials, an action he deemed perilous. “This was merely a peaceful ‘message martial law’ to the nation… I anticipated this martial law would last no more than half a day to a day,” Yoon remarked.

    Although he stated that he had communicated his intentions to former defense minister Kim Yong-hyun, Yoon alleged that military personnel misinterpreted the orders, possibly due to their previous training protocols.

    Charges of Insurrection

    Two senior military officers testified later that day. They claimed that a superior officer ordered them to deploy troops to forcibly remove lawmakers from parliament during Yoon’s martial law order. Yoon refuted this claim, denying that he issued such commands.

    The martial law declaration, which aimed to eliminate what Yoon described as “anti-state” elements, was rescinded when parliamentary staff used barricades and fire extinguishers to stop special operations soldiers from entering the building, where lawmakers voted against the martial law measure.

    The serious charge of masterminding an insurrection, faced by the impeached leader, could result in life imprisonment or even the death penalty, though no executions have occurred in South Korea for many years.

    Yoon’s declaration on December 3 shocked the nation and created turmoil across various sectors, including society, the economy, and foreign policy, according to the Constitutional Court’s ruling for his ousting.

    The upheaval has further highlighted the significant social divides between conservatives and liberals and has led to increased scrutiny on institutions and the military, which found itself in a dilemma regarding the enforcement of martial law.

    The former president returned home on Friday after his term, greeted by throngs of conservative supporters as his motorcade passed by. Yoon has relocated back with his wife and pets to their apartment situated just a short distance from the Seoul court, where he previously achieved notable legal victories, including the conviction of another impeached president, Park Geun-hye.

    Despite the ongoing legal challenges, he remains resolute and has promised to support his followers. Meanwhile, the opposition Democratic Party criticized him on Monday for being out of touch and failing to issue a genuine apology.

    South Korea is set to hold a snap election on June 3, raising questions about whether Yoon will still have a political role to play.

  • South Korea’s Constitutional Court Removes President Yoon

    South Korea’s Constitutional Court Removes President Yoon

    Protesters gather outside Yoon Suk Yeol’s residence, waiting for the Constitutional Court’s decision regarding his impeachment, on April 4, 2025, in Seoul, South Korea. — Reuters

    • Acting President Han Duck-soo will serve until a new election is held.
    • The court dismissed claims that martial law was enacted as a warning.
    • Yoon is also facing a criminal trial on insurrection charges.

    SEOUL: The Constitutional Court of South Korea voted on Friday to remove President Yoon Suk Yeol from office, validating parliament’s impeachment motion linked to his imposition of martial law last year—a decision that triggered the nation’s most significant political crisis in decades.

    This ruling brings to a close several months of political instability that have complicated responses to the new U.S. administration under President Donald Trump while the fourth-largest economy in Asia grapples with slowing growth.

    Following Yoon’s impeachment, the constitution mandates that a presidential election be held within 60 days.

    In the meantime, Prime Minister Han Duck-soo will serve as acting president until the new leader is sworn in.

    “The unanimous decision by the Constitutional Court eliminates a significant source of uncertainty,” stated Professor Leif-Eric Easley from Ewha University in Seoul. “And this clarity is timely as the forthcoming administration will need to address North Korea’s military threats, China’s diplomatic pressures, and the trade tariffs introduced by Trump.”

    Acting Chief Justice Moon Hyung-bae indicated that Yoon failed in his presidential duties with the decree for martial law issued on December 3, asserting that he acted outside his constitutional authority, which posed “a serious challenge to democracy.”

    “(Yoon) has profoundly betrayed the trust of the people, who are the sovereign entities of this democratic republic,” Moon pronounced, adding that the martial law proclamation incited chaos across every sector of society—economically, socially, and in terms of foreign relations.

    Upon hearing the ruling, thousands gathered at a rally advocating for Yoon’s removal erupted in cheers, chanting “We won!”

    In contrast, Yoon’s supporters gathered near his official residence expressed their anger, with one protestor reportedly being arrested for vandalizing a police bus, according to Yonhap news agency.

    Despite the ruling, the South Korean won remained largely unaffected, trading about 1% higher against the dollar at 1,436.6 per dollar as of 0249 GMT. The KOSPI benchmark index dipped by 0.7%, consistent with expectations that the court would uphold the impeachment.

    Rejected Claims

    The court dismissed most of Yoon’s argument that his martial law declaration was meant to sound the alarm about the opposition party’s misuse of its parliamentary power, asserting that there were legitimate means to address such concerns.

    Moon emphasized that the decree lacked both justification and proper procedure, stating that using military force against the parliament to disrupt its duties was a severe breach of Yoon’s constitutional obligation to protect the independence of the three governmental branches.

    Kwon Young-se, the interim leader of Yoon’s ruling People Power Party, issued an apology to the public, stating that the party accepts the court’s decision with humility and commits to cooperating with the acting president to stabilize the nation.

    Speaking after the ruling, Acting President Han Duck-soo pledged to take all necessary steps to guarantee a smooth and orderly presidential election process.

    Finance Minister Choi Sang-mok is expected to hold an emergency meeting with the Bank of Korea governor and financial regulators.

    The 64-year-old Yoon faces a separate criminal trial concerning insurrection charges related to his martial law declaration. He became the first sitting South Korean president to be arrested on January 15 but was released in March after a court annulled his arrest warrant.

    The ongoing crisis was instigated by Yoon’s martial law declaration, which he claimed was essential to eradicate “anti-state” elements and counter the opposition Democratic Party’s alleged misuse of its parliamentary majority, which he argued was endangering the nation.

    Yoon rescinded the decree six hours later after parliamentary personnel utilized barricades and fire extinguishers to fend off special operations soldiers arriving by helicopter who attempted to enter the building and broke windows. Yoon argued he never intended to fully implement emergency military control and attempted to minimize the incident’s fallout by stating that no one was harmed.