The Constitutional Court of South Korea decided on the impeachment of President Yong Sok Yol, recognizing his decree on the introduction of martial law on December 3, 2024 by unconstitutional.
According to Yonhap, the Constitutional Court in its statement ruled that the decree of the Yun Sok Yolya on the introduction of martial law did not correspond to the condition of the “national crisis” indicated in the Constitution, and, therefore, is unconstitutional.
The court also stated that after the martial law declared, Yun Sok Yol violated the laws by sending a soldier to the National Assembly to prevent a decision.
Thus, the Constitutional Court satisfied the request of the National Assembly on impeachment, approved the removal of Yong Sok Yolya from his post due to his decree on the introduction of martial law.
After the decision on the impeachment of Yun Sok Yol was immediately removed from office, and the country should take place in the country for 60 days.
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Martial law announcement
President Yun Sok Yul on the evening of December 3, 2024 in a television circulation announced martial law, referring to the “participation of the opposition in anti -state activities”, but retreated after the decision was canceled as a result of voting in parliament and approved by the Cabinet of Ministers.
Yong Sok Yol, whose impeachment was requested by the National Assembly on December 14, 2024, was temporarily suspended from office to decision of the Constitutional Court.
as part of a trial investigation of the announcement of martial law, Yun Sok Yol was detained on January 15, becoming the first president in the history of the country detained.
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Yun Sok Yol was arrested on January 19 on charges of “leadership of the uprising” and “abuse of power” by the decision of the Seoul Western District Court, and on January 26, the Prosecutor’s Office of South Korea charged him on these points.
Yun Sok Yol was released on March 8 after the Central District Court of Seoul canceled his arrest and allowed him to appear before the court without physical detention.
Imperial process
In South Korea, for the removal of the president from office, the impeachment submitted to the National Assembly should be approved by two thirds of parliament. For impeachment of other politicians, there is enough simple majority.
After the impeachment voting, the request is transferred to the Constitutional Court. The court conducting hearings for consideration of evidence on the impeachment process has 6 months to approve or deviate a request. If the decision is approved by 6 out of 9 judges, the leader is removed from office. Currently, 8 judges are working in court.
As a result of the vote of the National Assembly of South Korea on December 14, a qualified majority was received for the request of the impeachment of Yun Sok Yolya.
Yong Sok Yol, whose impeachment was approved by the Constitutional Court after the trial, became the second president removed from office in this way, after the former president Pak Kyn Hy, detached in 2017.