South Korean President Yoon Suk-yeol was removed from the presidency by the Constitutional Court on Friday when judges ruled his use of martial law in December broke the nation’s highest law and his impeachment was valid.
In a decision where all agreed, the eight judges found Yoon’s martial law order violated people’s basic rights and those of the National Assembly, Yoon took powers beyond what the Constitution allows, and Yoon broke his duties as commander in chief by using troops.
The court found it hard to see the opposition’s actions as a serious national crisis that would justify using martial law, acting court President Moon Hyung-bae said.
Yoon had said he was innocent of all charges against him.
Under South Korean law, Yoon, 64, will be removed from office, and a presidential election must be held within 60 days. Prime Minister Han Duck-soo will continue to serve as acting president until the new president takes office, BusinessDay reports.
The ruling shown on national TV by eight judges is the end of a four-month constitutional crisis that threw the country into chaos. It began on December 3 when Yoon declared martial law to fight “anti-state forces” that he said threatened South Korea and sent troops into parliament to take over civilian rule.
At least six judges are needed to uphold impeachment. Yoon faced five main charges: declaring martial law, writing the order, sending troops to the Assembly, trying to arrest lawmakers and raiding the National Election Commission. The judges considered not just whether rules were broken but whether they were serious violations of the Constitution or other laws.
Yoon still faces a criminal trial for allegedly causing rebellion with the martial law declaration. He was jailed in January but released in early March when a court ruled his detention was not valid.
Friday’s ruling was announced with heavy security, though Yoon himself was not expected to appear. The Court offered 20 seats for the public, but received applications from 96,370 people wanting to attend.
Hundreds of riot police, some with pepper spray, surrounded the Constitutional Court and created a 150-metre security zone around the building to prevent violent protests. Large demonstrations and standoffs with police happened during efforts to arrest Yoon earlier this year.
Yoon’s December declaration came after disputes with opposition lawmakers who had cut budgets and tried to impeach government officials. The National Assembly voted to cancel the order, and Yoon withdrew it hours after it was imposed. He was later impeached by the opposition-controlled National Assembly and charged with rebellion.
This was the first time martial law was used in 45 years and happened during a time of democratic elections and peaceful transfers of power. In South Korea’s early decades of dictator rule, it was used over a dozen times. Martial law is included in Article 77 of South Korea’s Constitution but it is for use “in time of war, armed conflict or similar national emergency.”
