On Friday, South Korea's Constitutional Court confirmed the impeachment of President Yoon Suk Yeol, marking a pivotal moment in the nation's political landscape. The court found that Yoon's declaration of martial law had severely breached the constitution and legislative authority, which led to his removal from office. This historic verdict, applauded by many citizens during celebration rallies in Seoul, signals ongoing political tensions, as divisions over Yoon’s removal persist. Analysts expect that his departure will complicate South Korea's relations regarding international policies, particularly with the U.S. and North Korea's ties with Russia.
The defendant not only declared martial law, but also violated the constitution and laws by mobilizing military and police forces to obstruct the exercise of legislative authority.
Ultimately, the declaration of martial law in this case violated the substantive requirements for emergency martial law.
Given the grave negative impact on constitutional order and the significant ripple effects of the defendant's violations, we find that the benefits of upholding the constitution by removing the defendant from office far outweigh the national losses from the removal of a president.
But a festering national divide over Yoon's impeachment will likely continue.
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