
Police barricades are prepared at the Constitutional Court in Jongno-gu, Seoul, on March 19. Yonhap News
Sentencing of President Yoon Suk-yeol’s impeachment trial has been delayed without promise. The Constitutional Court still has not set a date for the sentencing on March 19, the 95th day after the National Assembly impeached him. It has already passed the period required for the impeachment trial of former Presidents Roh Moo-hyun and Park Geun-hye (63 days and 91 days, respectively). The Constitutional Court's pledge to judge the case quickly given the gravity of the matter became meaningless. It is understood as an effort not to leave room for objection or any flaw, but the Constitutional Court needs to keep in mind that the longer it takes, the greater the social anxiety. As the sentencing schedule has been delayed, speculations and rumors have been spreading everywhere, and many citizens who have heard such stories have been unable to shake off anxiety.
The reasons for the Constitutional Court to dismiss Yoon were confirmed during the hearings. The unconstitutionality of his martial law declaration is so clear that it does not need to be argued. It did not meet the requirements and procedures set by the Constitution. Martial Law Decree No. 1, which prohibited any political activity, including the National Assembly, and the attempt to interfere with the National Assembly’s vote based on it, violated Article 77 (5) of the Constitution, which stipulates the right of the National Assembly to request the lifting of martial law. The unconstitutionality of the military's crushing of the National Election Commission, a constitutional institution, is also indisputable. Moreover, the entire nation watched this violation of constitutional order live. No more arguments are needed to prove the unconstitutionality of his martial law declaration.
The gravity of the matter is also indisputable. The unrest caused by the martial law imposition has frozen consumption and cooled investment sentiment. Bank of Korea (BOK) Governor Rhee Chang-yong estimated that the martial law shaved 0.2 percentage points off GDP growth in the fourth quarter of last year. The BOK's research bureau analyzed that martial law will likely cut GDP growth by about 0.2 percentage points this year as well. It goes without saying that the country's public image has suffered. The country's democratic status has been downgraded by foreign institutions, and society has been torn apart by a psychological civil war. The leadership to respond to the rapidly changing international security and trade order has also collapsed. The entire nation has borne the burden, and future generations will bear the consequences.
The Constitutional Court should end this national turmoil and set a milestone for the protection of the democratic republic by dismissing Yoon with a unanimous decision as soon as possible. Yoon should also immediately declare that he will abide by the Constitutional Court's decision and persuade his supporters. That is the minimum duty that the person who was in charge of state affairs should take before history, the nation and the people.