SINGAPORE: The constitutional court of South Korea ended Yoon Suk Yeol’s presidency on Friday (Apr 4). It found that Yoon’s declaration of emergency martial law constituted a serious and material violation of the constitution and the law. 

After months of political turmoil since Dec 3, 2024 that has intensified bitter divisions, will the court’s final verdict heal wounds and bring the nation together?

That the court produced a unanimous decision to uphold Yoon’s impeachment was no surprise. It has done so in all three presidential impeachment cases, to minimise potential conflict between different political groups and their supporters.

Beyond its power to protect and uphold the constitution, the constitutional court also serves a key political and social function: To bring a politically divided nation together through fair and just legal proceedings and decision. 

But whether South Korea does so all depends on key actors drawing the right lessons, rather than utilising the court’s decision to serve their political interests. Three lessons are noteworthy.

THREE LESSONS FOR KOREA AND KOREANS

First, a lesson to all: The rule of law means that no one, including the president, is above the constitution and law. 

The matter of presidential impeachment essentially turns the court ruling into a political judgment. Hence, it will please some and upset others, but everyone must accept the court’s decision if they understand that the rule of law serves the interests of all in the longer term.

Second, a lesson to political parties: They must learn to compromise through dialogue. The court said that it was difficult to view the conflict that arose between Yoon and the opposition-led legislature as “being the responsibility of one party.” 

The court chastised the National Assembly, saying it “should have respected minority opinions and endeavored to reach a conclusion through dialogue and compromise” and that Yoon “should also have respected the National Assembly as a partner of cooperation.” 

And third, a lesson about institutional reform and legitimacy after impeachment proceedings revealed fundamental weaknesses in the current political and legal system.

For one, impeached officials cease their functions immediately until the constitutional court decides on the case. A simple majority is all that is required to impeach government officials (or two-thirds for impeaching the president). This means any party with a simple majority in the National Assembly can effectively halt the operation of the government. 

Another is that the constitutional court itself had adopted dubious procedural rules in the impeachment proceedings and seemed to adopt ad hoc rules without firm legal basis.

For example, the court set an arbitrary time limit for legal argument, even bringing out a stopwatch to make sure neither side exceeded it. Many questioned if this was an appropriate way to conduct legal proceedings for what is arguably the most important case for the court to decide. 

If procedural fairness is not guaranteed, then the outcome can get called into question. As the final arbiter of the highest constitutional matters, the court must examine its rules and procedures

SNAP ELECTION WILL SHOW IF ANYTHING WAS LEARNT

Whether these lessons are learnt will soon be evident.

Stripped of his presidential powers, Yoon will face more intense criminal investigations. But the investigation must not be an exercise of political purge. 

The key will be how the opposition party shapes the current political atmosphere. South Koreans will depend on it rising above narrow political interests and animosity toward the ousted president and his ruling party to seek a fair and just outcome.

Another test will be the upcoming presidential election, which must be held by Jun 3. We will see how much the Korean public and political parties engage in dialogue and compromise or stick to the past practice of demonising the other side. 

South Koreans have always been proud of their democracy, which they fought for with blood and sweat against an authoritarian military regime. The recent political turmoil has tested the resilience of Korea’s democratic system and exposed its weaknesses.

It would be a waste not to learn from the painful lessons of the last 122 days.

Ryu Yongwook is an Assistant Professor at Lee Kuan Yew School of Public Policy, NUS. He specialises in International Relations, with a focus on East Asia.