Court’s unanimous Yoon verdict highlights role of time

The Constitutional Court concluded hearings in former President Yoon Suk Yeol’s impeachment trial on February 25. In past cases, rulings were typically delivered within two weeks of the final hearing. But this time, more than a month passed without a decision, prompting a wave of speculation. Some observers predicted the case would be dismissed on the grounds that martial law lies beyond judicial review. Others suggested the justices were locked in a five-to-three split and could not rule until all nine seats on the bench were filled.

One legal expert offered a different perspective. “I heard the deadlock theory had no basis,” the expert said. “It seems the delay came from a stage when five justices had formed a view and others had not yet followed.”

On April 4, the court ruled to remove Yoon from office. All eight sitting justices supported the decision, which gave the ruling strong legitimacy and led to widespread public acceptance. Attention quickly turned to how such unanimity had been reached. While the Constitutional Court avoids revealing its internal deliberations in order to prevent national disruption, a recent lecture by former acting Chief Justice Moon Hyung-bae offered a rare hint.

“Some people wear short sleeves even before summer begins. Others wear long sleeves well after it ends,” Moon said. “You can’t blame someone for not keeping pace with your own rhythm.”

Moon was speaking at a lecture at KAIST’s Graduate School of Science and Technology Policy on April 27. He said a vote is something to attempt only after every other effort has been exhausted. The comment came in response to a question pointing out that while some viewed Yoon’s removal as inevitable, others saw the matter very differently.

Moon explained that the justices initially wrote both concurring and dissenting drafts. They continued refining them while criticizing each other’s arguments from opposing perspectives. Through that process, consensus gradually formed and the court was able to deliver a unanimous decision.

What Moon emphasized most was time. “We all share the Constitution as a common denominator. That is why I believed we would eventually arrive at the same conclusion if we were given enough time,” he said. “It just took a while. Persuasion is not something that should be rushed.”

His words mirrored the earlier legal analysis. The expert had not provided evidence, and it remains unclear whether there really was a stage when only five justices had reached a conclusion. But both voices placed importance on the same element: time. Even if a majority had made up their minds early, the court appeared to have waited and allowed room for persuasion until all justices could speak with one voice.

“What we lack most in this society is persuasion,” Moon said. “People often say, ‘We’re just different.’ But if you talk for a few days, you’ll find you’re not so different after all.”

For a government and ruling party that now control both the administration and the legislature, time may feel like a luxury. For the People Power Party, now reduced to a small opposition, resistance may seem like its only option. Fortunately, President Lee Jae-myung and both major parties have expressed support for national unity. If that support is genuine, then none should hold back when it comes to persuasion. Continued dialogue and effort can reveal that the differences may not be as deep as they first appeared.