South Korea’s constitutional court upheld president Yoon Suk Yeol’s impeachment on Friday and removed him from office.
The country will now hold snap elections to replace Mr Yoon in just 60 days from now.
In a unanimous verdict, the court found that Mr Yoon’s decision to impose martial law in December last year – plunging the country into uncertainty and political turmoil – was not justified.
Justice Moon Hyung-bae, acting president of the constitutional court, said the country was not facing a “national emergency” at the time. “It was a situation that could have been solved through means other than military deployment,” he said.
“The defendant not only declared martial law, but also violated the constitution and laws by mobilising military and police forces to obstruct the exercise of legislative authority,” Mr Moon said during the televised verdict. “Ultimately, the declaration of martial law in this case violated the substantive requirements for emergency martial law.”
He added: “Given the grave negative impact on constitutional order and the significant ripple effects of the defendant’s violations, we find that the benefits of upholding the constitution by removing the defendant from office far outweigh the national losses from the removal of a president.”
Mr Yoon’s attorney, Yoon Gap-geun, called the court’s decision “unfair”. He said: “The whole process of this trial itself was not lawful and unfair. And the result is something that we completely don’t understand from the perspective of law.”
He added: “I feel regrettable that this completely is a political decision.”
There were jubilant scenes on Friday at an anti-Yoon rally near the old royal palace in Seoul, where members of the public celebrated the court’s ruling.
Yoon supporters, meanwhile, are expected to intensify their rallies in the wake of the ruling. Police arrested one protester who reportedly broke a police bus window in the wake of the constitutional court’s verdict on Mr Yoon’s impeachment.
The opposition Democratic Party called the verdict a victory for the people, Yonhap news agency reported. Mr Yoon’s ruling party, the People Power Party, said it accepted the court’s decision and apologised to the Korean people.
Leif-Eric Easley, a professor at Ewha University in Seoul, said the court’s unanimous ruling “has removed a major source of uncertainty”.
“Korean government institutions have withstood a volatile mix of legislative obstruction and executive overreach that posed the greatest challenge to democracy in a generation. Now begins a compressed presidential election campaign that will stretch, if not tear, the social fabric of the country.”
South Korea’s acting president has issued an emergency order to maintain law and order in the country. Han Duck-soo will serve as the interim leader of the country until elections are held two months from now. “Respecting the will of our sovereign people, I will do my utmost to manage the next presidential election in accordance with the constitution and the law, ensuring a smooth transition to the next administration,” Mr Han said.
The national divide over Mr Yoon’s impeachment is likely to persist, further complicating South Korea’s attempt to navigate US president Donald Trump’s “America First” agenda and North Korea’s growing relationship with Russia. Despite being a vital US ally, South Korea was hit by a 25 per cent “custom” tariff in the trade measures unveiled by Mr Trump on Wednesday.
Mr Yoon’s martial law decree last year lasted only six hours but rattled financial markets and alarmed allies. Hundreds of soldiers were sent to the National Assembly, election offices and other key places. Special forces also clashed with protesters and tried to prevent lawmakers from entering parliament to vote down the decree – scenes that shocked South Koreans and the world.
Mr Yoon’s ouster follows that of Park Geun-hye, another former president, who was impeached eight years earlier over corruption and abuse of power.
In his closing testimony before the Constitutional Court, Mr Yoon described his decree as a last-ditch effort to rally public backing in his battle against what he called the “wickedness” of the Democratic Party, accusing it of blocking his agenda, impeaching key officials, and cutting the government’s budget. He had previously branded the National Assembly “a den of criminals” and “anti-state forces”.
Mr Yoon still faces criminal charges of rebellion, but experts say he’s unlikely to retreat quietly. He is expected to remain a prominent political force, mobilising his staunch supporters and shaping the election race to choose his party’s next leader.
The main opposition Democratic Party’s leader, Lee Jae-myung, is the current frontrunner, despite facing legal battles of his own.
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