Constitutional Court of South Korea Rejects Impeachment of Chief State Auditor and Top Prosecutors

March 13, 2025 TruthUSA

Members of Yoon’s ruling People Power Party had boycotted the partisan Dec. 5 impeachment vote, stating that the opposition-led effort was politically motivated.

South Korea’s Constitutional Court has determined that the impeachment of four top public officials by opposition lawmakers in December was unconstitutional.

The eight-member court invalidated the impeachment motions against chief state auditor Choe Jae-hae and three top prosecutors, which were supported by Democratic Party of Korea (DPK) members in the opposition-led National Assembly, in a unanimous 8-0 vote, as reported by local media here.

The prosecutors involved were Lee Chang-soo, chief of the Seoul Central District Prosecutors’ Office; Lee’s deputy chief Cho Sang-won; and Choi Jae-hun, head of the second anti-corruption investigation division in Lee’s office.

Choe was impeached for allegedly conducting a substandard review of suspected irregularities related to the 2022 relocation of the presidential office after President Yoon Suk Yeol’s unexpected election.

The Seoul Central District Prosecutors’ Office prosecutors were impeached for choosing not to indict First Lady Kim Keon Hee following an investigation into her alleged involvement in a stock price manipulation scheme with import car distributor Deutsch Motors Inc.

The prosecutors stated they did not press charges against the first lady due to a lack of evidence that she was aware of former Deutsche Motors chair Kwon Oh-soo’s involvement in an investment fraud scheme.

A minimum of six justices’ support was required for the impeachment to stand in the court. The court’s decision reinstates the officials to their roles.

Regarding the partisan impeachment by the legislature, the court stated that Choe’s Board of Audit and Inspection conducted a review of the relocation of the presidential office and residence following legally established procedures, and no evidence indicated a subpar audit.

Concerning the prosecutors, the court ruled that they did not misuse their authority by interrogating the first lady outside the prosecution’s office and did not make false claims.

The court also absolved Choe of any misconduct in his audit of former Anti-Corruption and Civil Rights Commission chair Jeon Hyun-heui, who had referred him to the Corruption Investigation Office for High-ranking Officials (CIO) during the previous Moon administration.

Impeachments Triggered Martial Law Decree: Yoon

The opposition’s attempt to impeach the public officials was cited by Yoon as the reason for declaring a brief period of martial law on Dec. 3, as a warning to opposition parties to cease their “anti-state behavior” that was hindering the elected government.

Despite a lack of bipartisan support, the DPK proceeded with the impeachment of Choe and the three prosecutors two days later.

Members of Yoon’s People Power Party (PPP) boycotted the Dec. 5 impeachment vote, alleging political motives in the National Assembly’s opposition-led effort.

Notably, the Seoul Central District Prosecutors’ Office was responsible for the investigation and prosecution leading to DPK leader Lee Jae-myung’s sentencing to a one-year suspended prison term on Nov. 15, 2024, for violating election law during his 2022 presidential campaign.

Lee is appealing the lower court’s decision, with the Seoul High Court expected to deliver its verdict on March 26, which could impact his potential presidential candidacy if Yoon’s impeachment by parliament on Dec. 14 is confirmed, triggering an early election.

During a televised speech on Dec. 12 before the impeachment vote, Yoon stated, “Since a guilty verdict in a case against the leader of the main opposition party is imminent, they are trying to get around it by impeaching the president and holding an early presidential election.”

The Board of Audit and Inspection (BAI) conducted audits of public institutions, including the National Election Commission (NEC), an independent body overseeing fair elections. Amid concerns about election integrity and potential foreign interference by North Korea and the Chinese Communist Party, the NEC had declined the National Intelligence Service’s requests to audit its computer systems.

The BAI also uncovered nepotism and financial irregularities at the NEC in another audit.

Yoon mentioned on Dec. 12 that his martial law order included instructing the Minister of National Defense to examine the NEC’s computer systems due to challenges to the BAI’s audit efforts.

“When the main opposition Democratic Party of Korea recently vowed to impeach the Chief Prosecutor and Seoul Central District Prosecutors’ Office, the prosecutors who investigate and audit their corruption, as well as the Chair of the Board of Audit and Inspection, a constitutional body, I decided I could no longer sit idly by,” Yoon said during the speech.

Amid the political struggles in South Korea involving its deadlock between the legislature and executive branch, the Constitutional Court has faced criticism for alleged political bias.

Acting presidents standing in for Yoon attempted to delay the appointment of a ninth justice recommended by the opposition-led National Assembly to the Constitutional Court, raising concerns about impartiality, as reported by local media, including Ahn Chang-ho, the head of South Korea’s human rights commission and a former Constitutional Court justice.

Yoon Awaits Court Ruling on His Impeachment

Yoon was impeached on Dec. 14 by the National Assembly over his martial law declaration, with allegations of leading an insurrection and abuse of power, charges he denied.

In a March 12 speech, Yoon stated, “The declaration of martial law is a highly political decision by the president and can only be overturned by a request to do so from the National Assembly. I immediately accepted the Assembly’s request to lift martial law.”

“Viewing emergency measures aiming to save the country as an act of insurrection—an attempt to destroy the country—puts our constitution and legal system at serious risk,” he added.

Former Special Inspector General of the Blue House Park Joo Hyeon remarked in a February post on the social media platform X, “Now, in South Korea, the far-left Constitutional Court justices who were appointed under the previous leftist Moon Jae-in administration and the left-wing justices who were appointed by the National Assembly that was formed through the fraudulent election are trying to push for the impeachment of President Yoon Seok-yeol. They are trying to impeach President Yoon by any means necessary and establish a pro-China government.”

A decision on Yoon’s impeachment is expected by June 11 but could be sooner, given the urgency and public interest surrounding the case. South Koreans in the tens of thousands have been protesting in support or opposition to Yoon, amid ongoing controversies related to the National Election Commission and voting integrity.

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