Constitutional Court to proceed with impeachment trial on Friday

The Constitutional Court has deemed President Yoon Suk Yeol, who refused to accept the impeachment trial documents, to have been served and will proceed with the trial as scheduled. The first preparatory pleading date is set to take place on Friday, as originally announced by the Constitutional Court.

“Documents against the president were 'served by mail' on the 19th in accordance with the provisions of the Criminal Procedure Act and the Civil Procedure Act,” Cheon Jae-hyeon, a court spokesperson, told reporters during a regular press briefing at the Constitutional Court in Jongno-gu, Seoul, on Monday. Service by mail is a system in which documents are sent by mail without being hand-delivered to the party and are deemed to have been served upon arrival, even if the party does not receive them directly.

The Constitutional Court reportedly held a meeting of judges last Thursday to discuss how to respond to President Yoon's continued refusal to accept the documents sent to him starting last Monday and decided to proceed with service by mail. The Court immediately sent the impeachment trial notice and summons to Yoon's residence in Hannam-dong, Yongsan-gu, Seoul, via registered mail on Thursday. When the documents arrived the next day, they were deemed served on Friday, following another rejection by the Presidential Security Service. "In line with the precedent set by the Supreme Court, the effectiveness of the delivery comes into force when the litigation papers reach their destination," Cheon explained.

The Constitutional Court will proceed with the preparatory pleading date set for Friday. This process involves preparing arguments and evidence in advance and addressing redundant issues to ensure the hearing is quick and efficient. The Court requires a response to be filed within seven days from the date of service of the notice, giving President Yoon until Friday to submit his response. However, this is not mandatory, but the impeachment trial will proceed as scheduled even if he does not submit a response. Additionally, the Constitutional Court has ordered the submission of the minutes from the cabinet meeting and Proclamation No. 1 regarding the declaration of martial law by Tuesday, with the deadline remaining unchanged.


김태언 기자 beborn@donga.com