🚨 Korea's Impeachment Trial: Public Attendance Guide & Procedure

Today Korean Social News | 2025.04.03

📌 President Yoon's Impeachment Trial Sees 90,000 Applications for Public Attendance as Constitutional Court Prepares Final Decision

💬 As the Constitutional Court prepares to announce its decision on President Yoon Suk-yeol's impeachment trial at 11 AM on the 4th, applications for public attendance have received explosive interest. With only 20 seats available, competition has reached a historic high with around 90,000 applicants. The announcement will also be broadcast live, and preliminary deliberations have already been completed. The Constitutional Court plans to announce its decision after a formal procedural review on the day of the ruling.

Summary

• Public court attendance is a system that provides citizens with opportunities to attend court proceedings to ensure transparency in trial processes and guarantee the public's right to know.
• The principle of public trials is a basic principle of judicial procedures specified in the Constitution and laws, ensuring fairness in trials and democratic control.
• Limitations on seating, lottery methods, and attendance rules are necessary measures to maintain court order and ensure fair trial proceedings.

1️⃣ Definition

Public court attendance refers to a system that allows the general public to observe trials or hearings in person by making them open to the public. Simply put, it provides an opportunity for ordinary citizens to directly attend trials held in courts or the Constitutional Court.

Public court attendance is based on the constitutional value of the 'principle of public trials' and serves as an important means to ensure transparency and fairness in judicial procedures and guarantee the public's right to know.

💡 Why is it important?

• It enhances transparency and fairness in trials, strengthening trust in the judiciary.
• It guarantees the public's right to know and increases understanding of judicial processes.
• It serves as a function of democratic oversight and control over the judiciary.

2️⃣ Principles and Systems of Public Court Attendance

📕 Principle of Public Trials and Its Significance

• Public trials are a basic principle guaranteed by the Constitution. The principle of public trials is a basic principle of judicial procedures specified in Articles 27(3) and 109 of the Constitution of the Republic of Korea. Article 109 states that "Trials and decisions of the courts shall be open to the public." This prohibits secret or closed-door trials and aims to ensure fairness in trials by making trial processes open to the public. The principle of public trials has the following significance. First, it ensures transparency in judicial procedures. By making trials public, the decision-making process of the judiciary is conducted transparently. Second, it guarantees fairness in trials. By having judges conduct trials under public scrutiny, unfair trials can be prevented. Third, it enables public participation in and oversight of the judiciary. By allowing citizens to directly observe trial processes, democratic control over the judiciary becomes possible. Fourth, it contributes to legal education and the cultivation of legal consciousness. Citizens can develop a better understanding of and respect for the law by directly attending trials. Fifth, it builds trust in the judiciary. Transparent trial processes increase public trust in the independence and fairness of the judiciary.

• There are certain limitations to the principle of public trials. While public trials are the principle, not all trials are made public without restrictions. The Constitution and laws recognize exceptions to the principle of public trials in the following cases. First, when national security or public order is threatened. In cases involving state secrets or those directly affecting national security, part or all of a trial may be conducted behind closed doors. Second, when there is concern for harm to public morals. In cases such as sex crimes or sensitive cases involving minors, trials may be conducted behind closed doors to protect victims. Third, when necessary for maintaining public order. Courts may restrict attendance if normal trial proceedings become difficult due to disruption or interference from trial attendees. Fourth, limitations due to physical constraints. Due to the limited size of courtrooms, it is practically impossible for all interested parties to attend. In such cases, attendees are selected through lotteries or on a first-come, first-served basis. Fifth, indirect disclosure through media. Recently, for major cases, methods such as internet live streaming or recorded broadcasting are being used to allow more citizens to view trials.

📕 Operation Methods of Public Court Attendance

• Opportunities for public court attendance are provided in various ways. Public court attendance is operated in various ways according to procedures established by courts or the Constitutional Court. First, general attendance allows free attendance within the limit of available seats in the courtroom without separate application. This method is used for everyday trials or cases with low public interest. Second, application attendance requires applying in advance and receiving permission to attend. This method is adopted for cases with high social interest or high attendance demand. Third, lottery method selects attendees through a lottery when there are many applicants. This method is utilized for cases with high competition rates, such as Constitutional Court impeachment trials or major cases, to ensure fairness. Fourth, reservation attendance allows reservations for specific time slots. This is used for trials that are expected to proceed over a long period or have multiple scheduled hearings. Fifth, group attendance provides opportunities for groups for educational purposes, such as students or those in legal training programs. This is operated for legal education and to enhance understanding of the judiciary.

• Certain obligations and restrictions are imposed on attendees. For public court attendance to proceed smoothly and to ensure fairness in trials, the following obligations and restrictions are imposed on attendees. First, identity verification procedures. Attendees must undergo security checks and identity verification procedures, and present identification. Second, restrictions on prohibited items. Items that could disrupt court order, such as weapons, dangerous materials, recording equipment, and photography equipment, are restricted. Third, duty to observe court etiquette. Attendees must not engage in behavior that disrupts the trial, such as speaking, leaving, applauding, or shouting without the judge's permission. Fourth, prohibition of photography and recording. Photography, recording, and broadcasting in court are prohibited without the judge's permission. Fifth, restrictions on attire and behavior. Attire or behavior that undermines the dignity and decorum of the court is prohibited. Violating these obligations and restrictions may result in removal from the court or legal sanctions for maintaining court order.

📕 Major Cases of Public Court Attendance and Their Significance

• There have been historically important cases of public court attendance. The following are major cases of public court attendance that attracted national attention in the judicial history of the Republic of Korea. First, President Roh Moo-hyun's impeachment trial (2004). This was the first presidential impeachment trial handled by the Constitutional Court, with fierce competition for attendance seats. The Constitutional Court selected attendees through a lottery and also conducted live broadcasting through the media. Second, President Park Geun-hye's impeachment trial (2016-2017). In the impeachment trial due to the government corruption scandal, the competition rate for attendance exceeded 100:1, and for the first time in Constitutional Court history, internet live streaming was fully permitted. Third, the defamation trial related to the 'Seven Hours of Sewol Ferry' (2014-2015). This trial addressing suspicions about the President's whereabouts during the Sewol Ferry disaster recorded high competition rates for attendance. Fourth, the trial related to Choi Soon-sil's government corruption (2017-2018). This trial for the key figure in the government corruption scandal during the Park Geun-hye administration attracted intense social interest, with many citizens participating in attendance seat lotteries. Fifth, the trial related to Samsung Vice Chairman Lee Jae-yong (2017-2020). This trial addressing bribery charges against the head of Korea's largest corporation had public attendance amid high interest from the business community and civil society.

• Public court attendance has important social significance. Public court attendance, especially for socially important cases, has the following significance. First, it realizes direct democracy. By directly observing judicial processes, citizens participate indirectly in the judicial process. Second, it shares historical moments. A sense of community is formed when citizens together witness important constitutional decisions or historical judgments. Third, it establishes the rule of law. Trust in the rule of law is strengthened when citizens witness the actual process of the rule of law taking place. Fourth, it strengthens the legitimacy of judicial procedures. When transparency and fairness in trial processes are ensured through public attendance, the legitimacy of the results is also enhanced. Fifth, it functions as democratic control. Trials conducted under public scrutiny have the effect of deterring abuse of power or unfair judgments. Considering these meanings, public court attendance can be said to be an important institutional device for realizing democracy and the rule of law, beyond simply providing opportunities for attendance.

Reasons for High Competition in Public Court Attendance Applications

1. Historical Importance: The desire to directly witness historical events such as presidential impeachment
2. Desire for Direct Participation: The desire to directly experience the vivid atmosphere of the scene rather than indirect experience through media
3. Expression of Civic Consciousness: The consciousness to participate in and observe important national decision-making processes as citizens
4. Limited Attendance Seats: Limited number of attendance seats provided for safety and order maintenance
5. Social Interest Level: Higher concentration of interest for events with greater impact on society
6. Political Significance: Interest in politically important judgments or decisions
7. Media Attention: Increased social interest due to concentrated media coverage
8. SNS Spread: Rapid spread of information and interest through social media
9. Public's Right to Know: Right consciousness to directly confirm important national decision-making processes
10. Discussion Culture: Desire to acquire information to participate in social discussions after the judgment

3️⃣ Modern Expansion and Issues of Public Court Attendance

✅ Trial Broadcasting and Expansion of Public Court Attendance

• Trial broadcasting is a modern expansion of public court attendance. Traditional public court attendance was conducted by directly attending the courtroom, but with the development of modern technology, methods of disclosure through trial broadcasting are also expanding. First, TV broadcasting. For socially important cases, trials are broadcast through public broadcasting or specialized channels, allowing more citizens to watch the trials. Second, internet live streaming. Trials are broadcast in real-time through official channels of the court or Constitutional Court, YouTube, etc., with this method being fully introduced for the first time in President Park Geun-hye's impeachment trial. Third, in-court video broadcasting. When attendance seats are insufficient, monitors are installed in separate spaces within the court to broadcast the trial process. Fourth, recorded broadcasting. When real-time broadcasting is difficult, recorded videos are edited and disclosed later, with the advantage of being able to exclude sensitive information. Fifth, disclosure of stenographic records and judgments. Transparency in trials is ensured by disclosing stenographic records or final judgments rather than trial videos.

• The expansion of trial broadcasting is strengthening the principle of public trials. The expansion of trial broadcasting has the following significance in terms of realizing the principle of public trials. First, expansion of attendance opportunities. Attendance opportunities can be provided to more citizens beyond the limitations of physical space. Second, improvement of information accessibility. The right to know of citizens is more fully guaranteed by allowing access to trial information without time or geographical constraints. Third, implementation of digital democracy. Democratic participation in and oversight of judicial processes are strengthened by utilizing digital technology, promoting the digital transformation of democracy. Fourth, maximization of legal education effects. Understanding of law and judicial procedures can be enhanced by more citizens accessing trial processes. Fifth, strengthening accountability of judicial institutions. Broader disclosure places greater responsibility on the judiciary and induces careful judgment. Sixth, securing international transparency. Broadcasting of important cases provides an opportunity to show the transparency and fairness of the Korean judiciary to the international community.

✅ Issues Related to Public Court Attendance

• Public court attendance raises various legal and social issues. Various issues are being raised regarding public court attendance, especially the expansion of trial broadcasting. First, concerns about privacy infringement. There are concerns that personal information and private lives of trial parties, witnesses, victims, etc. may be unnecessarily exposed. Second, possibility of distortion in trial procedures. There is a possibility that trial participants may act with awareness of cameras rather than focus on their essential roles due to broadcast coverage. Third, risk of trial by public opinion. There is concern that trials may be influenced by public opinion rather than legal reasoning due to public attendance and broadcasting. Fourth, potential infringement of the defendant's right to a fair trial. There is a possibility that the principle of presumption of innocence may be undermined and prejudices may form due to excessive exposure. Fifth, difficulty in maintaining court order. The smooth progress of trials may be hindered by disturbances or protests from attendees. Sixth, technical and administrative burden. Costs and manpower burden arise from the establishment and operation of broadcasting systems. Seventh, issue of commercial use of trial content. There are concerns that trial videos may be edited without context or used commercially in the media or social media.

• A balanced approach is needed to expand public court attendance. The following balanced approach is necessary to maximize the value of public court attendance while addressing related issues. First, differentiated approach by case. Rather than uniformly disclosing all cases, it is necessary to differentiate the scope and method of disclosure according to the nature of the case and its social importance. Second, establishment of privacy protection devices. A system is needed to protect sensitive personal information or testimonies through editing or audio/video processing. Third, establishment of guidelines for court filming and broadcasting. Clear guidelines on camera positions, filming scope, broadcasting methods, etc. are needed to avoid interference with trial proceedings. Fourth, establishment of consent procedures for trial parties. Procedures for hearing opinions from parties and obtaining consent when necessary before trial broadcasting may be needed. Fifth, utilization in connection with legal education. The effect of legal education can be enhanced by providing explanations of legal issues and procedures along with simple broadcasting. Sixth, establishment of technical safeguards. Technical devices and legal sanctions to prevent unauthorized recording, editing, and distribution are needed. Through such a balanced approach, the principle of public trials can be maintained while minimizing possible side effects.

✅ Public Attendance at Constitutional Court Impeachment Trials

• Impeachment trials are cases of public attendance with special significance. The Presidential impeachment trials at the Constitutional Court are cases where public attendance has particularly great significance. First, constitutional historical importance. Presidential impeachment is related to the foundations of constitutional order and democracy, and its decision process remains as an important precedent in constitutional history. Second, issue of continuity in state operation. Impeachment decisions directly affect the position of the head of state, thus having a significant impact on the continuity and stability of state operations. Third, high social interest. Impeachment trials are matters of national interest, with very high competition rates for attendance and significant social repercussions. Fourth, function of resolving political division. Fair and transparent impeachment trial processes can serve as an opportunity to resolve political divisions and promote national integration. Fifth, testing ground for democratic crisis management methods. It is an important case showing the maturity of democracy in peacefully resolving political crises according to constitutional procedures.

• Special measures are implemented for attendance at impeachment trials. The Constitutional Court implements the following special measures for attendance at important cases such as impeachment trials. First, provision of fair attendance opportunities. Considering the high competition rate, attendees are selected through a lottery method, and opportunities are provided to diverse groups without being biased toward specific groups. Second, expansion of live broadcasting. TV, internet, etc. are used for live broadcasting to overcome limitations due to restricted attendance seats. Third, enhanced security measures. Court safety is secured through attendee identity verification, security checks, and prohibited item inspections. Fourth, order maintenance measures. Attendee behavior rules are clearly communicated, and sufficient personnel are deployed to maintain court order. Fifth, media coverage support. Separate press seats are arranged and support personnel are deployed to facilitate effective reporting. Sixth, separate operation of hearings and announcements. As higher attendance demand is expected on the final announcement day, attendance operations for hearing processes and announcement processes are differentiated. Through these special measures, the Constitutional Court aims to share historical moments with the public and demonstrate exemplary democratic judicial procedures.

4️⃣ Related Terms Explanation

🔎 Court Attendee

• A court attendee is an ordinary citizen who enters the courtroom to observe the trial process.
• A court attendee refers to a person who enters the courtroom to observe a trial or hearing process. Court attendees are selected according to procedures established by the court or Constitutional Court and must adhere to certain behavioral rules within the courtroom. Types of court attendees include: First, general attendees. These are ordinary citizens who wish to attend trials without special qualifications and are selected by lottery or on a first-come, first-served basis for important cases. Second, interested party attendees. These are people directly interested in the case, such as family members, relatives, or associates of the trial parties. Third, educational purpose attendees. These are people attending for educational purposes, such as law students or prospective legal professionals. Fourth, media coverage attendees. These are journalists from media outlets such as newspapers and broadcasting companies, for whom separate press seats are often arranged. Fifth, special attendees. These are people attending with special status or qualifications, such as diplomats, members of the National Assembly, or legal professionals. Court attendees do not have the right to speak in court and cannot leave without permission from the judge or presiding judge, and must not cause disturbances or interfere with the trial. Violating these rules may result in removal from the court or punishment for contempt of court.

🔎 Pronouncement

• Pronouncement is the procedure of officially announcing the conclusion of a trial.
• Pronouncement refers to the procedure where a court or the Constitutional Court publicly announces its final judgment on a case. Pronouncement is the final stage of a trial, the process of officially announcing the content of the judgment or decision after the court has completed its hearing and deliberation. Characteristics of pronouncement include: First, publicity. Pronouncement is in principle conducted in an open court, and anyone can attend. Second, formal procedural nature. During the pronouncement process, the formal procedure of reading the main text and a summary of the reasons is conducted. Third, it is the point at which legal effect occurs. The judgment or decision becomes official through pronouncement, from which legal effect occurs and the appeal period is calculated. Fourth, immutability. Once pronounced, a judgment cannot be arbitrarily changed by the court and can only be changed through correction of errors or appeal procedures. Fifth, binding force. The pronounced judgment or decision has legal binding force on the parties. The pronouncement of the Constitutional Court's impeachment trial has particularly important significance, as when a decision upholding impeachment is pronounced, the removal effect for the respondent (President) occurs immediately, and there is no appeal procedure. Pronouncement is not a simple announcement of results but an important moment when legal judgment is formalized in a state governed by the rule of law.

🔎 Deliberation

• Deliberation is the process where judges discuss and vote to reach a conclusion on a case.
• Deliberation refers to the process where a court or the Constitutional Court internally discusses and votes to reach a conclusion on a case. Deliberation takes place after the public hearing has ended and is conducted in private, before the final pronouncement. Characteristics of deliberation include: First, confidentiality. The deliberation process is conducted in private to ensure the independence of the trial and the free expression of opinions by judges. Second, collegiate nature. In collegiate courts consisting of three or more judges, conclusions are reached through discussion and majority vote. Third, the principle of deliberation secrecy applies. In principle, which opinion each judge expressed during the deliberation process is not disclosed. However, in the case of the Constitutional Court, minority opinions are indicated in the judgment. Fourth, binding force. The conclusion determined through deliberation officially binds the court after it is announced through pronouncement. Fifth, administrative preparation process is necessary. After deliberation and before pronouncement, administrative procedures such as writing, reviewing, and finalizing the judgment are necessary. In the Constitutional Court's impeachment trial, impeachment is upheld with the agreement of 6 or more out of 9 justices, and a decision is written according to the result of the deliberation. Deliberation must be conducted independently according to legal principles and conscience, without external pressure or influence, and this is a core element of judicial independence.

5️⃣ Frequently Asked Questions (FAQ)

Q: Can ordinary citizens also apply for public court attendance?

A: Yes, any ordinary citizen can apply for public court attendance. Most trials held in courts or the Constitutional Court allow attendance by ordinary citizens according to the principle of public trials. Methods of applying for attendance may vary depending on the case and court, but generally include the following methods. First, for general trials, you can freely attend if there are available seats in the courtroom without separate application. You can ask the court information desk or security guard for the location of the courtroom for the trial you wish to attend. Second, for cases with high social interest, applications for advance attendance are often received through the websites of the court or Constitutional Court. You can apply by entering necessary information such as your name and contact information on the online application page. Third, for cases with high competition rates for attendance, attendees are selected through a lottery, and individual notifications are sent to winners. Fourth, on the day of attendance, you must bring identification and enter after going through security checks at the court or Constitutional Court. Fifth, if you wish to attend as a group for educational purposes, you can coordinate group attendance schedules by contacting the administrative office or public relations office of the relevant court. Remember that when attending, you must comply with behavioral rules within the courtroom (maintaining silence, no recording or photography, turning off mobile phones, etc.).

Q: What etiquette should be observed in court during public attendance?

A: During public court attendance, the following etiquette should be observed to maintain the solemnity and order of the trial. First, attire should be neat. It is advisable to avoid excessively casual attire (shorts, sleeveless tops, etc.) and wearing hats. Second, mobile phones should be turned off or set to silent mode before entering the courtroom. If a ringtone sounds in the courtroom, you may be removed. Third, you should stand when the judge enters. Follow the court officer's "All rise" instruction when the judge enters, and sit when the "Be seated" instruction is given. Fourth, silence must be maintained in the courtroom. Actions causing disturbances such as conversation, laughter, applause, or jeering are prohibited. Fifth, consumption of food and bringing in beverages are in principle prohibited. Even water cannot be drunk except in special cases. Sixth, photography, recording, and broadcasting in the courtroom are absolutely prohibited without the judge's permission. If caught secretly filming with a smartphone, you may face legal sanctions. Seventh, you cannot leave arbitrarily during the trial. If you must leave unavoidably, you need permission from the judge. Eighth, you must sit only in the assigned seat in the attendance section. It is prohibited to arbitrarily sit in another attendee's seat or in the section for related parties. Ninth, you must follow the instructions of the judge and trial officials. Cooperate with the guidance of court officers or staff for maintaining court order. Be aware that if you do not observe these etiquettes, you may be removed from the court or punished for contempt of court.

Q: How is Constitutional Court attendance different from general court attendance?

A: Constitutional Court attendance differs from general court attendance in several aspects. First, there is a difference in the nature of cases. The Constitutional Court handles special cases addressing constitutional issues such as constitutional review of laws, constitutional complaints, impeachment trials, and political party dissolution trials. Therefore, it proceeds with different procedures and content from general criminal and civil trials. Second, there is a difference in courtroom composition. The Constitutional Court operates as a single collegiate body consisting of 9 justices, and the courtroom structure also differs from general courts. It creates a more solemn and formal atmosphere than the Supreme Court or High Courts. Third, there is a difference in attendance competition rates. Constitutional Court cases, especially impeachment trials or important constitutional complaint cases, often have very high attendance competition rates, making it more difficult to get attendance opportunities than in general courts. Fourth, there is a difference in security levels. As the Constitutional Court handles nationally important matters, security checks and identity verification procedures tend to be stricter. Fifth, there is a difference in proceeding methods. The Constitutional Court proceeds in a different format from general trials, with statements of opinion from the petitioner and respondent (or related institutions), evidence investigation, and statements from witnesses. In particular, proceedings are often centered on written reviews rather than oral arguments. Sixth, there is a difference in decision forms. The Constitutional Court issues 'decisions' rather than 'judgments,' and the composition of the main text and reasons also differs from general court judgments. It is also characteristic that minority opinions are recorded in detail. Seventh, there is a difference in broadcasting methods. The Constitutional Court often broadcasts important cases live on TV or the internet, which is a more active disclosure method than general courts. Understanding these differences and participating in Constitutional Court attendance will make it a more meaningful experience.

Q: Are there ways to know the pronouncement results in real-time even if not selected for attendance lottery?

A: Yes, there are several ways to know the results of important case pronouncements in real-time even if you are not selected for the attendance lottery. First, you can watch the official live broadcast. Important case pronouncements by the Constitutional Court or Supreme Court are often broadcast live through official websites, YouTube channels, or public broadcasting. In particular, nationally important matters such as presidential impeachment trials are also broadcast live on most terrestrial broadcasting channels. Second, you can use broadcast facilities within the court or Constitutional Court. For important cases with insufficient attendance seats, broadcast screens are sometimes set up in separate spaces (lobbies, large conference rooms, etc.) within the court or Constitutional Court to allow more people to watch. Third, you can check SNS and news flashes. Major media outlets and legal specialized media post the results of important pronouncements on SNS in real-time and deliver them as breaking news. You can immediately check the results through Twitter (X), Naver/Daum News, etc. Fourth, you can check the official SNS and websites of the court or Constitutional Court. The Supreme Court, Constitutional Court, etc. promptly post major pronouncement results through their official SNS accounts or websites. Fifth, you can utilize legal communities and expert channels. Real-time information and commentary on important pronouncements are also often provided in legal specialized communities like Lawnb, Lawissue, or YouTube channels of legal experts. Sixth, you can use mobile notification services. If you set up notification services for specific cases in major news apps, you can receive notifications as soon as the pronouncement results are released. Through these various methods, you can check important pronouncement results in real-time even if you cannot attend.