WHAT NEXT?
After being impeached on Dec. 14, Yoon’s presidential powers had been suspended however he stays in workplace, retaining his immunity from most prices besides revolt or treason. The Constitutional Courtroom should determine inside 180 days whether or not to take away him from workplace or reject the impeachment and restore his powers. If it removes Yoon or he resigns, a presidential election have to be held inside 60 days. Opposition Democratic Social gathering lawmaker Jung Chung-rae, the top of parliament’s Laws and Judiciary Committee, is main the case for eradicating Yoon. Yoon’s authorized counsel included former Constitutional Courtroom spokesperson Bae Bo-yoon and former prosecutor Yoon Kab-keun, who appeared at Friday’s listening to.
The court docket can also be anticipated to carry a trial on whether or not to take away Han from workplace or restore him to his function.
HURDLES TO A COURT RULING?
South Korea’s structure requires six justices to agree on the ouster of an impeached president. However the nine-member court docket has three vacancies, so the present justices must vote unanimously to take away Yoon.
The court docket has stated it might probably deliberate and listen to arguments with simply six justices.
The three vacancies are to be stuffed by parliament, managed by the primary opposition Democratic Social gathering, which accredited three nominees this week, though the ruling Folks Energy Social gathering boycotted them.
Nevertheless, Han refused to nominate the justices with out bipartisan settlement, saying to take action would exceed his powers within the appearing function.
Then the opposition-controlled parliament impeached him.
There’s precedent for an appearing president to nominate a Constitutional Courtroom justice, as when former President Park Geun-hye was impeached in late 2016.
WHAT HAPPENS IN COURT?
In South Korea’s solely earlier presidential elimination by impeachment, the court docket took three months to oust Park in 2017.
This time, the phrases of two court docket justices expire in April, and authorized consultants predict it could search to rule earlier than that to minimise uncertainty.
On Friday Justice Cheong Hyung-sik of the Constitutional Courtroom stated it could transfer swiftly within the case, contemplating its gravity.
Prior to now, teachers say, the justices haven’t voted predictably by political leaning however have determined case by case, going by their interpretation of the structure.
Conservative makes an attempt to rally well-liked assist for Yoon are usually not anticipated to have an effect on the court docket’s ruling, as Park was faraway from workplace regardless of continued conservative rallies to maintain her in energy, warring with candlelight rallies looking for her elimination.
Within the case of Park, who like Yoon was from a centre-right celebration, the court docket voted unanimously to take away her, together with some justices considered as conservative and two Park appointees.
Yoon additionally faces prison investigations associated to the martial legislation resolution.
If charged, he may ask the Constitutional Courtroom to droop the 180-day clock on the impeachment ruling. The court docket denied the same request by Park.
In 2004, then-President Roh Moo-hyun, from a centre-left celebration, was impeached for falling wanting the political neutrality required of a excessive public official, however completed his five-year time period after the court docket rejected the movement inside two months.
