Monty
April 4, 2025, 4:02am
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From The Korea Herald ,
The Constitutional Court of Korea ruled Friday to remove President Yoon Suk Yeol from office, citing a grave violation of democratic norms and the rule of law. This brings an end to controversies over his abrupt declaration of martial law on Dec. 3, which triggered arguably the most significant political unrest in decades.
In a unanimous verdict, all eight justices voted in favor of Yoon’s ouster from the presidential office, which is final and unchallengeable. Yoon has become the second sitting president removed by the Constitutional Court.
This decision marked the longest impeachment deliberation in the country’s history, underscoring its complexity and the severity of the charges.
There is much more at the link.
It gets really hard to think of any modern day South Korean president who hasn’t been embroiled in some sort of scandal or corruption.
Monty
April 4, 2025, 4:34am
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Here is the Arirang special report from this morning (Korea time) on the ruling. Arirang is a South Korean English language television channel. The justices enter just after the 22 minute mark on the video.
My brother-in-law, a police detective in South Korea, is in Seoul with very many other police officers from around the country to keep order in the wake of the ruling.
LSLGuy
April 4, 2025, 11:47am
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Which raises an interesting question. How much of the public is out celebrating and how much of the public is out protesting?
Monty
April 5, 2025, 2:23am
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And Yoon’s troubles are not over.
His Constitutional Court ordeal over, former President Yoon Suk Yeol’s legal struggles now move to the criminal court, where he faces a charge of insurrection related to his Dec. 3 declaration of martial law.
Yoon, who was impeached mainly for power abuses related to his short-lived imposition of martial law, became the first incumbent president in the country’s history to be subject to criminal investigation.
The prosecution indicted him on suspicion of leading an insurrection. Other charges were not made in the official indictment on Jan. 26, as Yoon still had presidential immunity.
Article 84 of the Constitution stipulates that a sitting president cannot be charged with a criminal offense, except for insurrection or treason.
Although the criminal trial is being conducted independently of the impeachment trial, the Constitutional Court did acknowledge the unconstitutional nature of the martial law. This could affect Yoon’s claim that his imposition of the martial law was not an act of insurrection, but him exercising his presidential rights.
It is possible that the prosecution could now charge him with abuse of power, since he no longer has immunity
There’s more at the link.
Monty
April 5, 2025, 2:27am
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An amen? I want to know if we can borrow their constitutional court for a few months!
LSLGuy
April 5, 2025, 1:20pm
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How interesting. Indicting a former president for crimes committed while in office.
What’s it like to live in a non-banana republic where it’s legally possible for a president to even be suspected of a crime while in office? I wouldn’t know any more.
Monty
April 5, 2025, 1:39pm
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The United States is not a banana republic. We’ve now gone far beneath that. The country is now an orange republic.
LSLGuy
April 5, 2025, 1:53pm
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Dayum! I wish I’d thought of that!
Well played Good Sir!
Can Yoon stand for election in the upcoming presidential election?
Are the Court’s reasons available in English? I’ve not been able to find them.
Monty
April 5, 2025, 11:14pm
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South Korea’s constitution probits that even if he had served the entire term.
The Constitutional Court of Korea’s website has the video announcing it, but only in Korean.
Arirang has this video (16’ 14") in English along with a transcript of the video. The meat of it is:
The Court found there to be no genuine emergency nor severe disruption of public order to justify Yoon’s imposition of the controversial measure.
While acknowledging intense political tensions and the opposition’s impeachment motions, the Court stressed that Yoon had the democratic tools to resolve political disputes without unconstitutional actions.
Also, Yoon’s martial law did not meet procedural requirements, as he did not sufficiently consult the Cabinet, nor did he notify parliament about his martial law proclamation.
Second, the bench said Yoon deployed military and police forces illegally to obstruct the National Assembly, infringing on lawmakers’ constitutional rights and undermining democratic governance.
Third, Yoon’s martial law proclamation banned political activities, infringing citizens’ basic rights.
Also, the former president ordered unwarranted searches of the National Election Commission, breaching its independence.
Fifth, Yoon infringed upon judicial independence by attempting to locate former senior judges for potential arrest.
Fair bit of both, it sounds like.
Another article on crowds in support of Yoon.