Sangcheol’s Legal Journal : YouLaw Insights

Hello everyone! 👋 Today’s blog post covers an extraordinary moment in Korean constitutional history.  On April 4, 2025 , the Constitutional Court of Korea issued a landmark ruling: the dismissal of President Yoon Suk-yeol from office. Let’s explore what happened, why it happened, and what this means for democracy in Korea. 🧭 Background of the Case The impeachment process began after President Yoon declared martial law on December 3, 2024 , citing national paralysis due to opposition party actions and threats from North Korea. The declaration was made through a live national broadcast and included assigning a military general as the martial law commander. However, within hours, the National Assembly voted unanimously (190/190) to revoke the martial law. On December 4, President Yoon announced the termination of the martial law . Despite this retraction, political and legal responses escalated. A second impeachment motion was proposed and passed on December 14 with 204 ...

Introduction On March 24, 2025, the Constitutional Court of Korea made a historic decision to dismiss the impeachment petition against Prime Minister Han Duck-soo , who was serving as the acting President at the time. This unprecedented case went beyond politics, sparking profound discussions on constitutional interpretation, the structure of executive power, and the rule of law. This blog post provides a comprehensive breakdown of this extraordinary event in Korea’s constitutional history, analyzing the background, legal issues, and implications for the future. Background of the Case December 14, 2024 : President Yoon Suk-yeol was impeached by the National Assembly. Prime Minister Han Duck-soo assumed the role of acting President. December 26, 2024 : 170 lawmakers submitted an impeachment bill against Han. December 27, 2024 : The National Assembly passed the impeachment motion with 192 votes in favor , sending the case to the Constitutional Court. This was the first time...

Overview of the Hearing Date: February 25, 2025, 2:00 PM Location: Constitutional Court, Supreme Court Hall Participants: National Assembly representatives, President Yoon Suk-yeol's defense team, President Yoon Suk-yeol The 11th and final hearing of the impeachment trial for South Korean President Yoon Suk-yeol took place on February 25, 2025. President Yoon delivered his closing statement for 67 minutes, defending the necessity of martial law and addressing allegations of election fraud. The National Assembly representatives countered with strong accusations of constitutional violations and attempted subversion of the democratic republic. Key Arguments Presented A. President Yoon Suk-yeol's Closing Statement 1. Justification of Martial Law President Yoon argued that the "martial law declared on December 3 was fundamentally different from past examples," emphasizing it was a "plea to the public" rather than an oppressive military measure. He...

Analysis of the Constitutional Court's Second Hearing on the Power Dispute: Can the Speaker of the National Assembly File a Petition Independently? Case Overview On February 10, the Constitutional Court held the second hearing on the power dispute between the National Assembly and the Acting President. This case originated from the rejection of the nomination of Constitutional Court Justice candidate Ma Eun-hyuk. The National Assembly argued that the Acting President failed to fulfill the constitutional duty of appointing a justice, thereby infringing upon the National Assembly’s authority. However, the key issue in this hearing was not the Acting President’s rejection of the nomination but whether the Speaker of the National Assembly could file a power dispute petition without a resolution from the plenary session. Both sides engaged in intense legal debates, and the Constitutional Court justices posed in-depth questions regarding the matter. Can the Speaker of the...

📌 Summary of the 6th Impeachment Trial Session of President Yoon (February 6, 2025) ⚖️ The 6th session of President Yoon’s impeachment trial was held on February 6, 2025, at the Constitutional Court’s main courtroom. 🏛️   Key witnesses included military officers involved in the emergency martial law implementation and the President’s economic advisor.   During this session, the testimony of military officials revealed critical details regarding the execution of martial law, the use of force, and direct orders from President Yoon. ⚠️   The economic rationale behind the emergency measures was also challenged in court.   🛡️ Key Testimonies from Military Officials Colonel Kim Hyun-tae, commander of the 707 Special Mission Unit, testified about the operational details of the martial law implementation.   His testimony centered on whether direct orders to remove lawmakers were given and if military force was authorized.   Kim stat...