Top court removes police chief over martial law

South Korea’s Constitutional Court unanimously ruled on Dec. 18 to remove National Police Agency Commissioner General Jo Ji-ho from office, with all nine justices in agreement. The decision comes 371 days after the National Assembly passed an impeachment motion on Dec. 12 last year. It marks the first removal of a high-ranking public official in the nation’s constitutional history, excluding former Presidents Park Geun-hye and Yoon Suk Yeol.

Constitutional Court Chief Justice Kim Sang-hwan said Jo participated in carrying out the martial law decree in this case, which was grave and clearly unconstitutional to the extent that it undermined the foundations of the liberal democratic order, by following unconstitutional and unlawful instructions from the president. Kim added that to restore the honor of the police, who have devoted themselves in silence to unseen sacrifice and service even under difficult circumstances, it is necessary to hold the respondent to strict responsibility. He concluded that by the unanimous opinion of all justices, the respondent, National Police Agency Commissioner General Jo Ji-ho, is hereby removed from office.

The court found that immediately after the declaration of martial law, Jo deployed police forces to the National Assembly, blocked entrances, and prevented lawmakers from entering the building. It ruled that these actions actively obstructed the Assembly’s exercise of its authority, including its right to demand the lifting of martial law. The court also determined that Jo’s deployment of police to the National Election Commission’s Gwacheon headquarters and the Suwon Election Training Institute supported martial law forces, interfered with the commission’s performance of its duties, and infringed on its independence.

However, the court did not accept the National Assembly’s claim that Jo had tried to provoke clashes between armed police and demonstrators during the nationwide labor rally on Nov. 9 last year to justify the declaration of martial law. The ruling took effect immediately, and Jo was dismissed from his post as head of the National Police Agency.


여근호 yeoroot@donga.com