POLL 65% of Koreans want 9-member court panel to make decision on Yoon's impeachment

A police officer stands in front of the entrance of the Constitutional Court of Korea in Seoul, Sunday. / Yonhap

Nearly two-thirds of Koreans prefer a nine-member Constitutional Court to make the final decision on President Yoon Suk Yeol’s impeachment over his short-lived imposition of martial law on Dec. 3, according to a poll by The Korea Times.

The poll found that 65 percent of respondents believe a nine-member court is necessary, while 31 percent find it unnecessary, meaning that the court can proceed with the current six justices.

In particular, 46 percent of respondents consider the court’s full nine-member bench “strongly necessary,” while 19 percent find it “somewhat necessary.” In contrast, 13 percent of those surveyed said a nine-member court is “not very necessary,” with 18 percent saying it is “not necessary at all.” About 4 percent were unsure or did not respond.

Three seats remain vacant following the retirement of former justices in October. Although the National Assembly was supposed to nominate replacements, it has so far been unable to do so.

Under a clause of the Constitutional Court law, a case can be reviewed when at least seven justices are present. However, Korea Communications Commission Chair Lee Jin-sook, who was impeached by the Assembly in September, filed for an injunction to suspend that provision so the court could continue reviewing her impeachment case. The court granted the injunction, temporarily suspending the clause and permitting reviews of both her case and others. As a result, the court is technically able to review Yoon’s impeachment case.

The law also stipulates that at least six justices must approve an impeachment for it to be upheld, meaning the Assembly’s motion to remove Yoon can be validated if all six justices unanimously agree.

Graphics by The Korea Times

Nearly half of those who responded that a nine-member court is necessary believed that a full court ensures the legitimacy of the ruling. Among them, 29 percent said the gravity of impeachment warrants a full court review. Twenty-three percent of respondents who preferred the court to have a full nine-member bench said it was to avoid further political conflict over the appointment of three justices.

On Thursday, the National Assembly voted in favor of the appointment of three Constitutional Court justice nominees. Acting President Choi Sang-mok appointed two out of three Constitutional Court justices — Jeong Gye-seon, nominated by the main opposition Democratic Party of Korea (DPK), and Cho Han-chang, recommended by the ruling People Power Party (PPP) — as he presided over his first regular Cabinet meeting on Tuesday.

The PPP has argued that the acting president lacks the presidential authority to make the appointments, while the DPK has pressured Choi to immediately appoint the three additional justices as it is a matter related to Yoon’s impeachment and potential presidential election in 2025.

According to multiple polls, Rep. Lee Jae-myung, leader of the DPK, is seen as a front-runner in the next presidential election.

The term for two of the six justices currently in office will expire on April 18. If so, the impeachment trial will be halted as the minimum number of people available for the hearing will not be met, lowering the possibility of the presidential election early next year.

In addition, there is a possibility that legal risks may increase as Lee’s trial for an election law violation is expected to finish in six months. If it is upheld by the appeals and the top court, he will be banned from running for public office for 10 years. This would mean a de facto end to the 61-year-old’s political career. In addition to the trial, he is facing four other lawsuits on charges of instigating perjury and corruption.

The Korea Times commissioned the survey to gauge public sentiment. Hankook Research surveyed 1,000 adults in phone interviews on Thursday and Friday. The poll has a margin of error of plus or minus 3.1 percentage points, with a credibility rate of 95 percent. Further details are available on the National Election Survey Deliberation Commission’s website.