Constitutional Court focuses on illegality of martial law

The Constitutional Court, which reviews South Korean President Yoon Suk Yeol's impeachment case, questioned 14 key witnesses related to the Dec. 3 martial law declaration over eight hearings last Thursday. With Prime Minister Han Duck-soo, former National Police Agency Commissioner Cho Ji-ho, and more still waiting for the 9th and 10th hearings this Tuesday and Thursday, respectively, the impeachment trial has, in effect, got closer to an end. Legal experts say that the final verdict will be determined primarily based on the court’s questions and the answers provided by the witnesses nominated by the National Assembly (petitioner), President Yoon (respondent), or those nominated by the court.

According to The Dong-A Ilbo’s analysis of the justices’ in-person examinations on Sunday, the questions mainly focused on the “illegality of procedures of martial law declaration,” “attempts to take hold of the National Assembly and the National Election Commission,” and “presidential orders to apprehend political figures.” Acting Chief Justice Moon Hyung-bae comprehensively led the overall trial proceedings, such as the taking of evidence. At the same time, Justice Chung Hyung-sik, the presiding justice, and Justice Kim Hyung-doo, the second senior justice, primarily worked on witness questioning.

Concerning the cabinet meeting before the declaration of martial law, Justice Kim asked former Minister of the Interior and Safety Lee Sang-min, “Did you consider it a cabinet meeting? Presumably, most participants did not." Then, the former minister said yes.

Justice Chung, considered politically on the right side, was appointed by President Yoon. Justice Kim, viewed as a moderate figure, was nominated by former Chief Justice of the Supreme Court of Korea Kim Myeong-su. Justices Lee Mi-sun and Chung Kye-sun, whose recusal was demanded by President Yoon’s aides due to their concerns over impartiality, have not asked any specific question yet, with the ongoing controversy seemingly in mind.


김자현 zion37@donga.com