Yoon Suk Yeol, who was temporarily removed from office in December after declaring martial law in South Korea, has now been officially removed from office by the Constitutional Court. The Constitutional Court in South Korea ruled that Yoon’s declaration of martial law did not meet the “national crisis” condition specified in the constitution, deeming it unconstitutional. Additionally, the Court stated that by sending troops to the National Assembly to prevent the rejection of his decision following the martial law declaration, Yoon violated the laws. Therefore, the Constitutional Court accepted the National Assembly’s request for impeachment and approved Yoon’s removal from office due to the declaration of martial law. Following the impeachment decision, Yoon was immediately removed from office, and the country will head to presidential elections within 60 days.

MARTIAL LAW DECLARATION
President Yoon Suk Yeol declared martial law on the evening of December 3, 2024, citing the “anti-state activities of the opposition,” but later revoked this decision after a vote in the Assembly to repeal it and its approval by the Cabinet. Yoon, who was facing impeachment in the vote held by the National Assembly on December 14, 2024, had been temporarily suspended from office until the Constitutional Court’s decision. Yoon, who was detained on January 15 as part of a judicial investigation into the martial law declaration, became the first president in the country’s history to be arrested. Following the Seoul Western District Court’s ruling accusing him of “leading a rebellion” and “abuse of power” on January 19, Yoon was arrested, and the South Korean Prosecution prepared indictments against him on these charges on January 26. Yoon was released on March 8 following the Seoul Central District Court’s cancellation of his detention and permission for trial without physical detention.

IMPEACHMENT PROCESS
For the removal of a South Korean president from office, an impeachment proposal presented to the National Assembly must be approved by two-thirds of the Assembly. For the impeachment of other politicians, a simple majority is sufficient. After the impeachment vote, the impeachment request is forwarded to the Constitutional Court. The Court has a period of 6 months to hold hearings to listen to and evaluate the evidence regarding the impeachment before approving or rejecting the request. If 6 out of the 9 judges in the Court approve the impeachment request, the leader is removed from office. Currently, there are 8 judges serving in the Court. Yoon’s impeachment was requested after a qualified majority was obtained in the vote of the National Assembly on December 14. Yoon, whose impeachment was ruled by the Constitutional Court after the trial, became the second president to be removed from office in this manner following the impeachment of former President Park Geun-hye in 2017.