South Korean law analyst says rebellion charge will be deciding factor in Yoon’s impeachment trial

(15 Dec 2024)
RESTRICTION SUMMARY:

ASSOCIATED PRESS
Seoul, South Korea – 15 December 2024
1. Various of Chang Young-soo, law professor in University office
2. SOUNDBITE (Korean) Chang Young-soo, Law Professor at Korea University:
"The martial law declaration was unconstitutional and illegal because it didn’t meet requirements and there were procedural problems. There is no legal battle on this issue and that point will be recognized in the constitutional court. The charge of rebellion will be fiercely debated in the court. As President Yoon Suk Yeol said in his second statement, he will say ‘why is this a rebellion? Is there such a thing as two-hour long rebellions? I lifted martial law because parliament demanded it. There were only a small number of soldiers deployed to parliament.’"
3. Wide of Chang
4. SOUNDBITE (Korean) Chang Young-soo, Law Professor at Korea University:
(Why Chang thinks the impeachment trial may take longer than expected to reach a verdict)
"President Yoon Suk Yeol is saying he will aggressively defend himself and even appear at the court. Unlike former President Park Geun-hye, the number of charges is smaller but the charge of rebellion is much bigger in magnitude. Also, there are too many witnesses. There are dozens of key suspects and also thousands of soldiers and police officers who were mobilized (on the night of the martial law declaration)."
5. Various of Chang
6. SOUNDBITE (Korean) Chang Young-soo, Law Professor at Korea University:
"I say there is a 50-50 chance (of Yoon being removed from the office). "It will depend on the evidence. If there is no further evidence beyond what President Yoon has been saying, in other words, if there is no evidence that proves what the Chief of Army Special Warfare Command (who told lawmakers he was ordered by Yoon to drag out lawmakers) had said, there won’t be any way to recognise the charge of rebellion. In that case, the charge of rebellion won’t be recognised in the court, which can also lead to the conclusion that the impeachment cannot be recognised."
7. Wide of Chang
8. SOUNDBITE (Korean) Chang Young-soo, Law Professor at Korea University:
(On the issue of there currently being 6 out of 9 Justices at the constitution court)
"There won’t be any problems of having the full bench. The problem is if the trial takes more than four months, in April next year two more Justices will reach the end of their terms – Justices Moon Hyungbae and Lee Mison (who were both appointed by former President Moon Jae-in). It will be difficult to appoint the next justices. The three potential justices, who were recommended by parliament, can be easily sworn in by the acting President (Han Duck-soo). But the two empty seats, which can be recommended only by the President, cannot be appointed by the acting President."
9. Wide of Chang

STORYLINE:
Chang Young-soo, law professor at Korea University in Seoul, said Sunday that the deciding factor in the impeachment trial of President Yoon Suk Yeol will be whether a charge of rebellion can be recognized by the court.

South Korea’s parliament passed the motion to impeach Yoon on Saturday on charges of declaring unconstitutional martial law and instigating a rebellion.

Chang said there was no doubt Yoon’s martial law decree failed to meet necessary requirements and had procedural problems.

But he also said the charge of rebellion will be fiercely debated in the court, making it a deciding factor.

The law stipulates that six justices must approve for an impeachment to be upheld.

AP Video shot by Yong Jun Chang

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