The Constitutional Court of Korea in Jongno-gu, Seoul. (Yonhap)
Following President Yoon Suk Yeol's impeachment by the National Assembly on Saturday, attention is now focused on whether Yoon's potential criminal charges could delay his impeachment trial.
Under Article 51 of the Constitutional Court Act, the Constitutional Court can cease the review of an impeachment prosecution if the defendant is under investigation for the same charge.
The Constitutional Court said Monday that suspending impeachment proceedings under Article 51 is "entirely at the justices’ discretion," offering a standard response during a press briefing following the first meeting of the six justices for Yoon's impeachment trial.
However, some ruling People Power Party lawmakers have argued that this provision could come into play if Yoon is indicted on charges related to insurrection. While the National Assembly impeached Yoon on insurrection charges, he also faces potential charges of abuse of authority and obstructing people from exercising their rights.
There is a precedent regarding Article 51; a motion to impeach Son Jun-sung, deputy chief prosecutor of the Daegu High Prosecutors Office, was passed by the National Assembly on Dec. 1, 2023. However, the Constitutional Court decided to halt the review because he was under investigation for the same charge of leaking official secrets and violating the personal information protection law.
According to some ruling party lawmakers, Article 51 could delay the Constitutional Court’s impeachment deliberations for up to a year while the court reviews Yoon's case.
This would also bar main opposition Democratic Party of Korea leader Lee Jae-myung from running for president. Lee is currently awaiting the Supreme Court's final decision on charge of an election law violation. If a fine exceeding 1 million won ($700) is confirmed by the Supreme Court, Lee would lose his parliamentary seat. His eligibility to run for office would also be revoked for five years, disqualifying him from participating in the next presidential election.
Other trials that Lee faces include allegations of bribery tied to land development scandals in Seongnam, Gyeonggi Province, where he was mayor, and claims that he facilitated unlawful remittances to North Korea.
In 2004, former President Roh Moo-hyun’s impeachment trial lasted 63 days, while former President Park Geun-hye’s in 2017 was resolved in 91 days, both well within the 180-day limit stipulated by law.
The main opposition Democratic Party of Korea has emphasized that the suspension of impeachment is not automatic but discretionary. Rep. Han Jun-ho, a member of the Democratic Party's Supreme Council, dismissed optimistic claims from some People Power Party lawmakers, describing these expectations as "detached from reality," adding, "Article 51 does not guarantee a delay in impeachment proceedings."
Debate over Article 51's application in Yoon's impeachment case has become a focal point among three Constitutional Court judge nominees recommended by the ruling and opposition parties.
Confirmation of impeachment requires approval from at least six justices, but with three vacancies, the court now has only six members, meaning a single dissenting vote would nullify the motion.
Opposition-backed nominees Jeong Gye-seon and Ma Eun-hyeok advocate for swift proceedings to minimize social unrest, while ruling party nominee Jo Han-chang suggests suspending the trial if criminal charges are involved, citing the need for careful deliberation.
Confirmation hearings for the nominees are scheduled for later this month.
If the Constitutional Court finalizes the impeachment of Yoon -- which means his formal removal from office -- a presidential election must be held within 60 days. If the motion is dismissed, Yoon would return to office and resume his presidential duties.
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