Following President Yoon Suk Yeol's impeachment by the National Assembly 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.
Some ruling People Power Party lawmakers 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 of the 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 will also bar the 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 his election law violation charge. If a fine exceeding 1 million won ($700) is confirmed by the Supreme Court, Lee will lose his parliamentary seat, and his eligibility to run for office will be revoked for five years, disqualifying him from participating in the next presidential election.
Other trials that Lee also faces include allegations of bribery tied to land development scandals in Seongnam and claims that he facilitated unlawful remittances to North Korea.
However, given the Constitutional Court's announcement on Monday that it will look into Yoon's case earlier than the seven other impeachment cases pending at the court, it seems unlikely that Yoon's other charges will buy him time.
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."
If the Constitutional Court finalizes the decision to impeach Yoon, a presidential election must be held within 60 days. If the motion is dismissed, Yoon will return to office and resume his presidential duties.
