South Korea braces for final phase of Yoon's impeachment trial. What will happen after the final hearing?

The 11th and final hearing of South Korea’s ousted President Yoon Suk Yeol’s impeachment trial is scheduled to take place on February 25. Ahead of the hearing, both sides are gearing up for their closing statements which will justify their respective claims on his insurrection and power abuse charges.

On Saturday, the legal representatives of the National Assembly - who passed the impeachment resolution in December - held a meeting to discuss the strategy for the hearing. They plan to push their arguments about the illegal and unconstitutional nature of the martial law which was declared by Yoon on December 3.

Meanwhile, Yoon’s side claims that martial law was declared within the presidential rights and the president used his power as a “warning” to the opposition. They argued that the series of impeachments by the opposition-controlled assembly and its readjusting of the state’s budgets pushed the country to the brink of national emergency, The Korean Herald reported.

Conflicting testimonies engulf the trial

The focal point of the trial, which has been going on for weeks, has been on whether Yoon’s declaration of martial law should be considered as a legitimate action by the president. The court is also unravelling whether there were orders from Yoon to arrest lawmakers and his political opponents during the time when martial law was declared.

Earlier this week, the Constitutional Court focused on the alleged arrest order, which Hong Jang-won, the first deputy director of the National Intelligence Service at the time of the martial law, had testified on Feb 4 to receiving them and writing them down. Yoon’s lawyers questioned Hong’s motives for not giving prosecutors the original memo of the people he said he ordered to arrest.

The lawyers accused Hong of handing the memo over to the main opposition Democratic Party of Korea. Apart from this, then Capital Defence Commander Lee Jin-woo reportedly told prosecutors that Yoon told him to “break down the door to Parliament, and drag them (lawmakers) out. Shoot if you have to”.

But when asked about the order during the Feb 4 hearing, Lee said that he could not recall the incident. Yoon, on the other hand, denied making such an order to arrest politicians by breaking into the parliament.

The court was told that some 1,500 troops of the South Korean military were mobilised during the martial law and surrounded the National Assembly. However, the president claimed that it was merely to maintain order and not cordon the parliament building. Yoon’s team argued that martial law was declared as a mere formality.

What will happen after the trial?

According to The Korean Herald, the 11th and the final hearing will commence at 2 pm (local time) on Feb 25. Constitutional Court’s acting chief Moon Hyung-bae has already vowed not to put time limits on the final arguments on both sides.

After the arguments have been heard, the eight justices on the bench will then deliberate whether or not to confirm Yoon’s impeachment. The court is usually expected to deliver a final decision within two weeks after the final hearing.

It is important to note that the impeachment trial of former presidents Park Geun-hye and Roh Moo-hyun – the former was confirmed and the latter was rejected – took 14 days and 11 days respectively, to be finalised after the last hearing.

If and when Yoon’s impeachment is confirmed, the country will hold a presidential election for Yoon’s successor within 60 days. If the court rejects the impeachment motion, Yoon will be reinstated to his post and will remain the country’s president until his term concludes on May 9, 2027.

With inputs from agencies.