South Korea’s Constitutional Court Ruling

Date:

South Korean prosecutors on Wednesday raided the home of the country’s ex-president, Yonhap reported, as part of a probe into a shaman accused of receiving lavish gifts for the former first lady.

Former president Yoon Suk Yeol was stripped of all power and privileges earlier this month by the Constitutional Court over his disastrous December 3 martial law declaration.

He was forced to move out of the presidential residence and into his long-time previous home in Seoul’s Seocho district.

A Review of Recent Decisions

The Constitutional Court of Korea has made several significant decisions recently, but none of them mention the removal of President Yoon Suk Yeol from office as of today’s date. Here are some key rulings

  • Acting President’s Failure to Appoint Justice:
  • On February 27, 2025, the Court ruled that the Acting President’s failure to appoint Ma Eun-hyeok as a Justice, despite the National Assembly’s election, constituted an infringement of the Assembly’s authority. However, the Court dismissed the claim for confirmation of status or order for appointment as non-justiciable.
  • Inspection of Election Commissions’ Personnel Management: Also on February 27, 2025, the Court held that the Board of Audit and Inspection’s inspection of the National Election Commission’s personnel management status infringed on the Commission’s authority to independently carry out its functions.
  • Counter-Terrorism Act:
  • On January 23, 2025, the Court ruled that a provision penalizing persons who recommend or instigate others to join a terrorist group does not violate the rule against excessive restriction and is therefore not unconstitutional.

  • Impeachment Trial:
  • On January 23, 2025, the Court rejected an impeachment petition filed by the National Assembly against the Chairperson of the Korea Communications Commission, with a 4-4 decision.

Implications and Analysis

These decisions demonstrate the Constitutional Court’s role in ensuring the constitutionality of laws and protecting the rights of individuals and institutions in South Korea. The Court’s rulings have significant implications for the country’s governance, politics, and society.

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