Impeachment deliberation kicks off

By Lee Kyung-min

The Constitutional Court’s deliberations to decide whether to permanently remove or reinstate impeached President Park Geun-hye began, Tuesday, following the final court hearing a day earlier.

Discussion and opinions exchanged during the closed-door deliberations will be kept completely confidential. No personnel are permitted entry other than the justices. An anti-wiretapping system is in full operation in the offices of the justices and the court deliberation room.

In accordance with the protocol dictated by the Constitution, presiding justice, Kang Il-won, will first express his opinion, followed by other justices doing so in turn. Acting court President Lee Jung-mi will speak last.

The justices are likely to take no more than 14 days for deliberation without breaking for weekends to make their ruling before March 13, when Lee retires.

Key testimony and written statements produced during court hearings are under review as the justices are determining whether they help or hurt arguments from both the National Assembly prosecutorial panel and Park’s defense attorneys.

They will prepare legal arguments by reviewing related laws and organizing facts to compare them with the impeachment charges.

After the justices fully understand each others’ stances through the deliberation, one of the justices will write a draft on the ruling.

The presiding justice usually writes the draft, but if she or he is of a dissenting opinion, the most senior justice among those holding the majority opinion will write the draft.

The ruling will be finalized after the justices reach a verdict following a vote.

The vote will likely take place on the day of the announcement. The court did so when it ruled the United Progressive Party (UPP) was unconstitutional in 2014 in an 8-1 vote after accepting an appeal filed by the government that claimed the party was unconstitutional.

The court has usually made rulings on Thursdays, but it might designate another day to make the announcement. This will be televised nationwide.

It is largely expected that the court will notify the public at least three days before the announcement.

The justices will read the reasons on which they based their decision before announcing whether the impeachment is upheld or overturned. A dissenting opinion will be read by the most senior justice among those who hold such an opinion.

As a decision on impeachment does not allow objections, the court ruling will take effect immediately after the announcement.

Park will resume duty as President if the impeachment is overturned, but will be removed from office if it is upheld.