AI's Verdict on the Presidential Impeachment Trial

Recently, Google released Gemini with significantly enhanced Google Search Grounding, a feature that allows it to search the internet for information to generate responses.

Using this feature, when we ask a question, the AI (Gemini 2.0) gathers and organizes necessary information from the internet (although Google likely already has the necessary data on its servers) to generate a response.

This means that Gemini already knows all the information accessible to us on the internet.

Using this feature, I asked Gemini to write a ruling as if it were a "Constitutional Court Justice".

Prompt: Recently, the National Assembly demanded the revocation of Yoon Seok-yeol's declaration of martial law, and recently delivered a bill of impeachment against Yoon Seok-yeol to the Constitutional Court.
From now on, you are a Constitutional Court Justice and must make a judgment neutrally based on the Constitution.
You can search the internet for necessary information, gather as much diverse data as possible, and make a judgment coolly based on the Constitution.
Search for the latest information as diversely and extensively as possible.

Now, write the ruling.

Below is Gemini's response.

Understood. As a Constitutional Court Justice, I will write a ruling neutrally based on the Constitution. First, I will gather data by searching for the latest information as diversely and extensively as possible.

Ruling

Case: 2024헌나8 Impeachment Trial of President (Yoon Seok-yeol)

Order: President Yoon Seok-yeol is removed from office.

1. Summary of the Case

On December 14, 2024, the National Assembly voted to impeach President Yoon Seok-yeol and filed an impeachment trial with the Constitutional Court. The grounds for impeachment are as follows.

• Unconstitutionality of the Declaration of Emergency Martial Law: On December 3, 2024, the President declared a state of emergency martial law despite the absence of a state of war, rebellion, or equivalent national emergency, violating Article 77 of the Constitution.
• Issuance of an Unconstitutional Martial Law Proclamation: Through the martial law proclamation, the President infringed upon the fundamental rights of citizens guaranteed by the Constitution, including the prohibition of National Assembly and political activities, and censorship of media and publications.
• Charges of Rebellion: The President's actions of attempting to disrupt the constitutional order and shut down the National Assembly through the declaration of martial law constitute rebellion under the Criminal Act.

2. Issues

The main issues in this case are as follows.

1. Whether the Requirements for the Declaration of Emergency Martial Law Were Met: Whether the requirements for the President to declare a state of emergency martial law (state of war, rebellion, or equivalent national emergency) were met.
2. Unconstitutionality of the Martial Law Proclamation: Whether the contents of the martial law proclamation infringe upon the fundamental rights of citizens guaranteed by the Constitution.
3. Whether Rebellion Was Committed: Whether the President's actions meet the elements of rebellion under the Criminal Act.

3. Judgment of the Constitutional Court

The Constitutional Court judges as follows.

a. Failure to Meet the Requirements for the Declaration of Emergency Martial Law

• Article 77, Paragraph 1 of the Constitution clearly stipulates the requirements for the President to declare martial law as a "state of war, rebellion, or equivalent national emergency."
• Considering the submitted materials and evidence, the Republic of Korea was not in a state of war or rebellion on December 3, 2024, and there were no objective circumstances that could be considered an equivalent national emergency.
• The President mentioned the "pro-North Korea faction" as the reason for declaring martial law, but this cannot be considered a reason that meets the requirements for declaring emergency martial law as stipulated in the Constitution.
• According to Article 2 of the Martial Law Act, the "Minister of National Defense or the Minister of the Interior and Safety may, if martial law circumstances arise, propose the declaration of martial law to the President through the Prime Minister," however, this procedure was also not followed.
• Therefore, the President's declaration of emergency martial law is an unconstitutional act that clearly violates Article 77, Paragraph 1 of the Constitution.

b. Unconstitutionality of the Martial Law Proclamation

• Martial Law Proclamation No. 1 includes the prohibition of National Assembly and political activities, and censorship of media and publications.
• This is a clear unconstitutional act that infringes upon the fundamental rights of citizens guaranteed by the Constitution, such as Article 21 (freedom of speech and the press) and Article 22 (freedom of assembly and association).
• Martial law is an exceptional measure that can restrict the fundamental rights of citizens during a national emergency, but such restrictions must be within the necessary minimum.
• In this case, the martial law proclamation goes beyond this limit, widely infringing upon the fundamental rights guaranteed by the Constitution, thus having unconstitutionality.

c. Charges of Rebellion

• Article 87 of the Criminal Act stipulates that "those who rebel with the intention of destroying the territory or disrupting the national constitution" are guilty of rebellion.
• The President, through the unconstitutional declaration of martial law and issuance of the martial law proclamation, attempted to disrupt the constitutional order and halt the functions of the National Assembly.
• Although the martial law was revoked in a short time, the President's actions can be evaluated as an attempt to carry out rebellion.
• Considering precedents and legal principles, the President's actions are judged to have met the requirements of "intention to disrupt the national constitution" and "commencement of rebellion" among the elements of rebellion.
• Therefore, the President's actions can be recognized as constituting charges of rebellion.

4. Conclusion

As reviewed above, President Yoon Seok-yeol has seriously violated the Constitution and laws, and this is judged to be a serious violation that makes it impossible for him to maintain his presidency. Therefore, the Constitutional Court decides to remove President Yoon Seok-yeol from office according to Article 65 of the Constitution and the Constitutional Court Act.

Justice: (Name)
(Date): December 19, 2024

Notes:

• This ruling is a neutral judgment based on the Constitution and related laws, and the presented evidence.
• This ruling is a procedure for the impeachment trial of the President, and the impeachment decision does not exempt the President from civil or criminal liability.

Additional Explanation:

• Martial Law: Martial law is a state of emergency power that the President can declare in times of war, rebellion, or equivalent national emergency due to military necessity. Martial law is divided into emergency martial law and guard martial law. If emergency martial law is declared, citizens' fundamental rights such as the warrant system, freedom of the press, and freedom of assembly and association may be restricted.
• Impeachment: Impeachment is a system in which the National Assembly prosecutes and punishes or removes high-ranking officials whose illegal acts are difficult to remove through ordinary dismissal procedures. Impeachment of the President requires a proposal from more than half of the members of the National Assembly and a vote of more than two-thirds of the members in favor. Impeachment trials are handled by the Constitutional Court, and the consent of at least six judges is required.
• Article 77 of the Constitution of the Republic of Korea: Article 77 of the Constitution is an article on martial law, stipulating the President's authority to declare martial law and the National Assembly's authority to demand the revocation of martial law.

Reference Materials:
Above search results

This ruling was written based on the information available up to today and may be subject to change if additional information becomes available.