Impeachment ruling deadline set for March 13
Outgoing chief justice calls for speedy decision
By Lee Kyung-min
Park Han-chul, Constitutional Court chief justice
Constitutional Court President Park Han-chul said Wednesday that the court should make a ruling on President Park Geun-hye’s impeachment by March 13.
The call for a speedier decision reflects concerns that the impeachment trial might not be completed as two out of nine justices are soon to retire.
The outgoing justices are Park and Lee Jung-mi whose six-year terms end Jan. 31 and March 13, respectively.
Technically, deliberation could proceed without the two, as an impeachment trial requires a seven-member quorum and the verdict stands if six of them vote in favor of the motion.
According to Park, however, given the ruling’s far-reaching ramifications, the vacancy of two justices means the deprivation of diverse views in one of the most difficult and important decisions in Korean history.
“Every single justice carries substantial weight to guaranteeing a full and extensive deliberation of a nine-member court. Even one vacancy could pose a significant threat to the fairness of the verdict,” Park said.
In response, President Park’s defense attorney Lee Joong-hwan, criticized Justice Park. He said his remark was in sync with National Assembly prosecutorial panel Chairman Rep. Kwon Seong-dong of the ruling Saenuri Party. Kwon earlier said that he expects the court to rule no later than March 9.
“If the court is repeating Kwon’s earlier remarks, we have no choice but to question the fairness of the justices,” Lee said.
In response, Park strongly denounced Lee, saying his remarks suggest the court engaged in a “backroom deal” with the Assembly panel, which was not only baseless but a grave contemptuous act.
“I will not tolerate such groundless remarks in this court. How could you raise such a wild accusation,” Park said.
Meanwhile, if the court rules in favor of the impeachment before the March 13 deadline, an early presidential election will take place in late April, or early May at the latest.
Under the law, the country is required to elect a new president within 60 days after a sitting president is ruled as unqualified to lead the nation.
If the ruling is made before the independent counsel-led special prosecution’s mandate, which is set to expire in late February, President Park will not be able to avoid questioning by it. So far, she has managed to do so, as a sitting President is immune from prosecution under the Constitution.
While the mandate could be extended once by 30 days with the President’s approval, it is unsure whether acting President and Prime Minister Hwang Kyo-ahn, a Park Geun-hye loyalist, will grant the extension that could further imperil her.
However, if the court dismisses the motion, Park Geun-hye will immediately resume her duties as president, following which the presidential election will be held in December as scheduled.