Constitutional Court delays presidential impeachment ruling as DPK chief awaits verdict Wednesday

By Anna J. Park

It has now been exactly a month since the Constitutional Court concluded the final hearing in the impeachment trial of President Yoon Suk Yeol.

The court has still not officially set a date for its ruling. The delay has sparked speculation and media scrutiny, especially given the court's initial promise of a speedy decision in the case.

If the court does not deliver a ruling by Friday, there is a possibility that the decision could be delayed until the last day of this month or possibly even April.

The timeline of Yoon's impeachment trial differs significantly from former President Roh Moo-hyun’s case in 2004, which reached a verdict just 14 days after the hearings concluded, and former President Park Geun-hye’s case in 2017, which took 11 days.

In contrast, the deliberation in Yoon's case has already taken more than twice as long.

Observers initially predicted that the ruling would come in mid-March, based on the typical two-week timeline for past presidential impeachment cases following the conclusion of hearings.

But the initial prediction and subsequent expectations for the ruling date have all proved inaccurate.

Legal experts suggest that the primary reason for the prolonged delay is the justices' disagreements on key legal issues, as they seek to reach a unanimous decision to minimize potential challenges to the verdict and divisions it could cause.

According to legal insiders, the Constitutional Court justices have been deliberating on the case daily since concluding the final arguments on Feb. 25, even reviewing the case on weekends.

Yet, some justices reportedly hold differing views, particularly on procedural issues raised by Yoon’s defense team, such as the applicability of criminal procedure law and the admissibility of defendant interrogation records as evidence. It has also been reported that the justices disagree on the facts surrounding the case, contributing to the delay in the verdict.

With the Constitutional Court's decision delayed, the appellate ruling on Lee Jae-myung, leader of the main opposition Democratic Party of Korea (DPK), for violating the election law is expected to be handed down before the decision on the president's impeachment.

Lee was charged with violating Korea's election law by making false statements during the 2022 presidential election campaign about a real estate development project in Seongnam, a city located just southeast of Seoul, where he served as mayor from 2010 to 2018.

Lee's appeal ruling will be delivered at 2 p.m. Wednesday by the Seoul High Court.

Earlier, a lower court found Lee guilty and sentenced him to one year in prison, suspended for two years.

If the ruling is upheld on appeal and later by the Supreme Court, Lee loses his parliamentary seat and cannot run in future elections for a set amount of time.

As Lee remains the strongest contender for the next presidential election, the outcome of his appeal — whether he receives a sentence that disqualifies him from running, is acquitted or is fined less than 1 million won ($680), easing his political and legal burdens — is a key issue to watch. The verdict is expected to have a significant impact not only on Lee's future but also on the DPK's strategy in the current political landscape.

If Lee is acquitted, he will be free from legal challenges to his candidacy, strengthening the DPK's position to intensify its offensive against the Yoon administration.

However, if he receives a sentence that bars him from running, it will trigger a major leadership struggle within the DPK, as his eligibility to run will depend on whether the Supreme Court upholds the sentence. Meanwhile, Lee attended a court session on Tuesday at the Seoul Central District Court for another lawsuit but refrained from commenting on the election law violation case.