The Constitutional Court’s eight justices — (from L to R, rear) Chung Kye-sun, Kim Bok-hyeong, Jung Jung-mi, Lee Mi-son, Moon Hyung-bae, Kim Hyung-du, Cheong Hyung-sik and Cho Han-chang — are seated at the court in Seoul on April 4, 2025, to deliver the court’s ruling on whether to dismiss or reinstate impeached President Yoon Suk Yeol over his short-lived imposition of martial law in December. (Yonhap)
SEOUL, April 6 (Korea Bizwire) — In a moment of profound constitutional gravity, South Korea’s Constitutional Court delivered a unanimous verdict to remove former President Yoon Suk Yeol from office, marking the culmination of a tumultuous political saga that has gripped the nation since late 2024.
The Court’s 7,200-character decision, publicly read by acting Chief Justice Moon Hyung-bae on April 4, departs from precedent with its unusually lengthy and philosophically charged conclusion.
Unlike the brief summaries typical of past impeachment rulings, such as those of former Presidents Park Geun-hye and Roh Moo-hyun, this decision features a sweeping five-page coda aimed at national reflection and reconciliation amid unprecedented domestic tensions.
According to sources familiar with the Court’s internal deliberations, the conclusion was a late addition, reflecting the justices’ collective resolve to deliver more than a legal judgment — a civic message. After reaching unanimous agreement on Yoon’s dismissal, the justices instructed a task force of legal researchers to revise the draft to include a broader constitutional reflection.
Moon Hyung-bae, Acting Chief Justice of the Constitutional Court (center), reads the ruling upholding the impeachment of President Yoon Suk Yeol at the main courtroom of the Constitutional Court in Jongno-gu, Seoul, on April 4. (Yonhap)
The final section opens with the solemn declaration, “The Republic of Korea is a democratic republic,” the first clause of Article 1 of the Constitution. It closes with “the Korean people,” a phrase drawn from the Constitution’s preamble, creating a deliberate symmetry that underscores the centrality of public sovereignty.
Grounding their argument in a pluralistic and participatory view of democracy, the justices emphasized that democratic governance depends on mutual respect, reasoned discourse, and adherence to legal processes.
They acknowledged that former President Yoon may have perceived his administration as paralyzed due to escalating opposition and multiple impeachment attempts during his tenure. Nevertheless, they found that his response — including the unprecedented declaration of martial law — constituted a fundamental breach of democratic principles.
The Court determined that Yoon’s actions, particularly the use of military authority to override parliamentary opposition, were incompatible with the foundational norms of constitutional democracy.
The ruling pointed to lawful alternatives that remained available to the president, including constitutional amendments, referendums, and judicial review of political disputes.
Moon Hyung-bae, Acting Chief Justice of the Constitutional Court (center), reads the ruling upholding the impeachment of President Yoon Suk Yeol at the main courtroom of the Constitutional Court in Jongno-gu, Seoul, on April 4. (Yonhap)
“By seeking to resolve political confrontation through force,” the Court stated, “the respondent undermined the premise of democratic governance and failed in his duty to safeguard the Constitution.”
In its most forceful rebuke, the Court concluded: “The respondent re-enacted a traumatic history of emergency rule, shocking the nation and triggering widespread instability across social, economic, political, and diplomatic spheres. He violated his constitutional obligation to unify the nation and serve all citizens beyond his base of support.”
In the final lines, the Court declared, “The respondent gravely betrayed the trust of the Korean people, the sovereigns of our democratic republic. Therefore, he is hereby removed from the presidency.”
On April 4, travelers at Seoul Station watch the live broadcast of the Constitutional Court’s impeachment ruling against former President Yoon Suk Yeol in the main concourse. (Yonhap)
Legal analysts say the Court’s emphasis on constitutional spirit reflects an acute awareness of the broader crisis facing South Korean democracy. The decision comes in the wake of the country’s first declaration of martial law in 45 years, which some had likened to a “psychological civil war.”
As the nation turns its attention to the upcoming presidential election in 2026, the Court’s ruling is likely to shape public discourse around the balance of power, the resilience of institutions, and the responsibilities of elected leadership in a divided society.
The terms “democracy” and “the people” appeared nine and thirteen times, respectively, in the decision’s summary — a pointed reminder of the values the justices believe must anchor the Republic of Korea in times of crisis.
The Constitutional Court in Seoul (Image courtesy of Yonhap)
M. H. Lee (mhlee@koreabizwire.com)
