Constitutional Court to Deliver Ruling Today on Impeachment Trial of Minister of the Interior and Safety Lee Sang-min... Dismissal or Return?

The Constitutional Court, which reviewed the impeachment trial case against Minister of the Interior and Safety Lee Sang-min, who was impeached for responsibility in the October 29 Itaewon disaster, will deliver its final verdict on the 25th.

On that day at 2 p.m., the Constitutional Court will hold the impeachment trial verdict session for Minister Lee in the Grand Courtroom of the Constitutional Court in Jaedong, Jongno-gu, Seoul, and announce its decision. It will be 269 days since the Itaewon disaster occurred and 167 days since the National Assembly passed the impeachment motion against Minister Lee. It is reported that neither Kim Do-eup, Chairman of the National Assembly Legislation and Judiciary Committee and the impeachment motion proposer, nor Minister Lee will appear in person at the trial session that day.

On the afternoon of May 9, the formal hearing procedure at the Constitutional Court for Lee Sang-min, Minister of the Interior and Safety, who was impeached due to controversy over the inadequate response to the Itaewon disaster, was held at the Grand Bench of the Constitutional Court in Jongno-gu, Seoul. Minister Lee Sang-min is seated. Photo by Kang Jin-hyung aymsdream@

On February 8, the National Assembly passed the impeachment motion against Minister Lee, holding him responsible for inadequate response to the Itaewon disaster. The motion was initiated by the Democratic Party, the Justice Party, and the Basic Income Party. The National Assembly cited violations of Article 34, Paragraph 6 of the Constitution (the state's obligation to prevent disasters and protect citizens), Article 10, the Framework Act on the Management of Disasters and Safety (Articles 4 Paragraph 1, 22, 23, 25-2, 34-8, etc.) regarding the obligation to take prior disaster prevention measures, and Article 56 of the State Public Officials Act concerning the duty of sincerity as grounds for impeachment.

The impeachment motion was submitted to the Constitutional Court the following day. The Court held two preparatory hearings to organize the issues of the case. The key issues were whether Minister Lee violated the obligations of prior disaster prevention and post-disaster response, and whether there were inappropriate remarks or conduct after the disaster occurred. Specifically, the issues included: ▲whether there was an obligation to plan and prepare measures for accidents involving large crowds, and if so, whether that obligation was properly fulfilled ▲whether there was an obligation to establish and advance the disaster safety communication network ▲whether it was true that the Central Accident Response Headquarters (CARH) was not established, and if so, whether that constituted a legal violation ▲whether it was true that the Central Disaster and Safety Countermeasures Headquarters (CDSCH) was not immediately activated, and if so, whether that constituted a violation of official duties under the law ▲whether the national disaster management system was not properly utilized during the response process after the disaster, and if so, whether that constituted a violation of obligations ▲whether police and other response personnel were not deployed in a timely manner during the disaster ▲whether Minister Lee’s remarks after the disaster damaged the dignity of public officials or violated the duty to maintain dignity. Subsequently, the Constitutional Court held four public hearings to hear arguments from both the National Assembly and Minister Lee’s sides. Officials from the Ministry of the Interior and Safety, the National Police Agency, and the Fire Agency appeared as witnesses, and in the final hearing, bereaved families of the disaster victims also testified in person.

The impeachment trial is a system that holds public officials legally accountable for violations of the Constitution and laws. If the impeachment trial petition is found valid, the Constitutional Court issues a decision to dismiss the respondent from the public office. Generally, the Court makes decisions by a majority vote of the justices involved in the final deliberation, but for impeachment decisions, at least six justices must agree.

A person dismissed by an impeachment decision cannot serve as a public official for five years from the date the decision is announced. Also, even if an impeachment decision is made, the respondent’s civil or criminal liability is not exempted. Conversely, if the impeachment trial petition is dismissed by the Court, Minister Lee can immediately return to his duties. Previously, the Constitutional Court dismissed the impeachment trial petition against the late former President Roh Moo-hyun after 64 days and made a decision on the former President Park Geun-hye’s case after 92 days, respectively.

During the 2004 impeachment trial of former President Roh, the Constitutional Court stated, "The phrase 'when the impeachment trial petition is valid' in Article 53, Paragraph 1 of the Constitutional Court Act refers not to all legal violations but only to 'serious' legal violations that justify dismissal of a public official." However, experts predict that the Court may set a much lower standard for 'serious legal violations' justifying dismissal for appointed ministers compared to elected presidents. If the Court decides to dismiss Minister Lee on this day, it will officially acknowledge that the government failed to respond properly to the Itaewon disaster, which is expected to inevitably affect the Yoon Suk-yeol administration’s governance. Conversely, if the impeachment trial petition is dismissed, opposition parties such as the Democratic Party may face criticism for pushing an 'unreasonable impeachment.'

This content was produced with the assistance of AI translation services.