Impeachment of Han Duck-soo

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Impeachment of Han Duck-soo
Accused Han Duck-soo
(Prime Minister and acting President of South Korea)
Cause
Impeachment motion (27 December 2024)
Votes in favor
192 / 300 (64%)
Not voting
108 / 300 (36%)
ResultImpeached
  • Choi Sang-mok becomes both acting president and acting prime minister
Decision by Constitutional Court of Korea
ResultPending

On 27 December 2024, South Korean prime minister and acting president Han Duck-soo was impeached. The efforts came 10 days after president Yoon Suk Yeol was impeached as a result of his brief enactment of martial law earlier that month and Han assumed the presidency. Opposition Democratic Party floor leader Park Chan-dae announced plans to impeach Han on 24 December after he failed to support two bills providing special counsel for Yoon and first lady Kim Keon-hee. The motion was formally filed on 26 December after Han blocked the appointment of three justices to the Constitutional Court of Korea whose nomination was approved by the National Assembly. After Speaker Woo Won-shik ruled that Han can be impeached by a simple majority due to his status as a cabinet minister, Han was impeached by 192 MPs on 27 December, with members of the ruling People Power Party (PPP) boycotting the vote. Deputy prime minister Choi Sang-mok assumed the role of acting president pending the Constitutional Court's decision on whether to remove Han from office.

Contents

Background

Han Duck-soo in 2024 Prime Minister Han Duck-soo meets with Jeju Governor Oh Young-hun 20240516 (01) (cropped).jpg
Han Duck-soo in 2024

Only one Korean president, Park Geun-hye, has been removed from office through impeachment, which occurred in 2017. [1] Roh Moo-hyun was impeached in 2004 on accusations of illegal electioneering, incompetence, and economic mismanagement. However, the Constitutional Court cleared him of two infractions and deemed the remaining charge not serious enough to warrant removal, allowing him to remain in office. [2]

Impeachment procedure

The procedure for impeachment is set out in the 10th Constitution of South Korea in 1987. Article 65, Clause 1, specifies that the National Assembly may impeach the president, prime minister, or other state officials if they violate the constitution or other laws while performing official duties. [3] [4]

For an impeachment motion against a sitting president to pass, a two-thirds majority of the National Assembly –200 out of 300 members –must vote in favor. [5] Once passed, the individual is immediately suspended from their duties pending a ruling by the Constitutional Court of Korea. The scope of impeachment is limited to removal from public office, with no further penalties imposed through this process. [6] However, as Han is an acting president, disputes have arisen in the National Assembly as to how many votes are needed to impeach him, with Han's People Power Party (PPP) saying that two-thirds of legislators must approve the motion, and the opposition Democratic Party (DPK) saying that a simple majority is required, citing Han's status as a cabinet minister. [7] Furthermore, no specific laws exist on dealing with the impeachment of an acting president. [8]

According to the Constitutional Court Act passed in 1988, the Constitutional Court must render a decision within 180 days after it receives any case for adjudication, including impeachment cases. If the respondent has already left office before the decision, the case is dismissed. [6] Formal removal of the president requires six of the nine justices voting in favor; due to three vacancies, all six justices would have to vote to remove him. Article 23 of the Constitutional Court Act requires at least seven justices for deliberation. [5]

Debates have arisen in the National Assembly on whether acting president Han Duck-soo is entitled to fill the vacant seats, with the DPK supporting it [9] and the PPP opposing it on the grounds that an acting president can only appoint justices only in the event of a presidential vacancy, not a suspension of duties. [10]

Impeachment of Yoon and acting presidency of Han Duck-soo

On 14 December 2024, Yoon Suk Yeol, the president of South Korea, was impeached by the National Assembly. This action came in response to Yoon's declaration of martial law on 3 December 2024, which was overturned by the National Assembly and officially withdrawn six hours later on 4 December 2024. [11]

Incumbent prime minister Han Duck-soo assumed the role of acting president pending the Constitutional Court's decision on whether to remove Yoon from office. [12] An earlier impeachment motion was put to a parliamentary vote on 7 December 2024 but failed because the number of attending legislators did not meet the quorum required for its passage, as members of the ruling PPP boycotted the vote. [13]

When Han was being asked by police for questioning in its investigation of martial law, DPK leader Lee Jae-myung initially said that the party would not move to impeach Han for the time being to avoid "confusion in their state affairs". [14] [15]

As acting president, Han came into conflict with opposition parties. On 19 December, he vetoed six bills passed by the National Assembly that had been sponsored by the DPK. Among the bills vetoed were proposed amendments to the Grain Management Act, which would have required the government to purchase surplus rice to stabilize prices during market fluctuations. Han cited concerns over its effect on the market as a reason for vetoing the bill. Other measures he vetoed included a bill requiring companies to submit requested data to members of the National Assembly, saying that it was an invasion of constitutional rights to privacy. [16]

Motion

Motion to impeach Han
ChoiceVotes
Yes check.svgY Yes192 (64%)
X mark.svgN No0
Abstentions0
Invalid0
Not voting108 (36%)
Impeachment successful
Deputy prime minister Choi Sang-mok became acting president and prime minister after Han's impeachment. Choi Sang-mok 20240816.jpg
Deputy prime minister Choi Sang-mok became acting president and prime minister after Han's impeachment.

After a meeting of Han's cabinet failed to review two bills providing special counsel for suspended president Yoon Suk Yeol and first lady Kim Keon-hee, DPK floor leader Park Chan-dae announced plans to impeach Han on 24 December. Park described Han's actions as "[a tactic] to buy time and prolong the insurrection". [17] On 26 December, the National Assembly approved a motion to fill the three vacancies in the constitutional court, with the PPP not participating in the confirmation vote. However, their appointment was blocked by Han, saying that he needed bipartisan consensus on whether he can approve their installation. In response, the DPK formally filed an impeachment motion against Han that same day, [18] with the plenary vote scheduled on 27 December. [19]

Prior to the vote, Speaker Woo Won-shik ruled that Han can be impeached by a simple majority of 151 due to his status as a cabinet minister, as opposed to the 200 normally required for presidential impeachments. PPP lawmakers opposed Woo's decision, calling for his resignation and declaring his ruling invalid while chanting "abuse of power" as the session was underway. With all PPP members boycotting the vote, Han was impeached by all 192 present MPs on 27 December. Deputy prime minister Choi Sang-mok became acting president and prime minister. [20] [21] [22] Han became the first acting president of South Korea to be impeached. [23]

Aftermath

Han said he respected the outcome of the vote in the National Assembly and would await the Constitutional Court's verdict, adding that he would suspend his duties to "not add to the chaos". [21] DPK leader Lee Jae-myung called Han's impeachment part of the party's efforts to dismantle the “rebellion forces” linked to Yoon Suk Yeol, while the PPP called the DPK "a serial impeachment offender". [24] The PPP later filed for an adjudication on jurisdiction disputes and an injunction with the Constitutional Court to nullify Han's impeachment. [25]

Reactions

Deputy prime minister and concurrent finance minister Choi Sang-mok, who succeeded Han as acting president upon the impeachment, warned prior to the 27 December vote that impeaching Han would seriously affect South Korea's economic standing and called on opposition parties to reconsider. [7]

Related Research Articles

<span class="mw-page-title-main">Politics of South Korea</span>

The politics of South Korea take place in the framework of a presidential representative democratic republic, whereby the president is the head of state, and of a multi-party system. To ensure a separation of powers, the Republic of Korea Government is made up of three branches: legislative, executive, and judicial. The government exercises executive power and legislative power is vested in both the government and the National Assembly. The judiciary is independent of the executive and the legislature and comprises a Supreme Court, appellate courts, and a Constitutional Court.

<span class="mw-page-title-main">President of South Korea</span> Head of state and government of South Korea

The president of the Republic of Korea, also known as the president of Korea, is both the head of state and head of government of the Republic of Korea. The president is directly elected by the citizens of the Republic of Korea and pledges to execute the duties of their office, chief among others "to defend the State, pursue peaceful unification of the homeland." The president leads the State Council, is the chief of the executive branch of the national government and the commander-in-chief of the Republic of Korea Armed Forces.

<span class="mw-page-title-main">Prime Minister of South Korea</span> Deputy head of government of the Republic of Korea

The prime minister of the Republic of Korea is the deputy head of government and the second highest political office of South Korea. The prime minister is appointed by the president of the Republic of Korea, with the National Assembly's approval. The prime minister may be a member of the National Assembly, but this is not required to hold the office.

<span class="mw-page-title-main">Constitutional Court of Korea</span> Highest constitutional court of South Korea

The Constitutional Court of Korea is one of the highest courts – along with the Supreme Court – in South Korea's judiciary that exercises constitutional review, seated in Jongno, Seoul. The South Korean constitution vests judicial power in courts composed of judges, which establishes the ordinary-court system, but also separates an independent constitutional court and grants it exclusive jurisdiction over matters of constitutionality. Specifically, Chapter VI Article 111 Clause 1 of the South Korean Constitution specifies the following cases to be exclusively reviewed by the Constitutional Court:

  1. The constitutionality of a law upon the request of the courts;
  2. Impeachment;
  3. Dissolution of a political party;
  4. Competence disputes between State agencies, between State agencies and local governments, and between local governments; and
  5. Constitutional complaints as prescribed by [the Constitutional Court] Act.
<span class="mw-page-title-main">Han Duck-soo</span> Prime Minister of South Korea since 2022

Han Duck-soo is a South Korean diplomat, economist, and politician who served as acting president of South Korea from 14 to 27 December 2024 and the 38th and 48th prime minister of South Korea, serving from 2007 to 2008 and since 2022. Since 27 December 2024, Han has been suspended from his prime ministerial powers following his impeachment by the National Assembly of Korea. Han is the fifth person to hold the prime minister's office twice, having previously served under President Roh Moo-hyun from 2007 to 2008. He also held office as ambassador to the United States from 2009 to 2012 and as chairman of the Korea International Trade Association from 2012 to 2015.

<span class="mw-page-title-main">Woo Won-shik</span> South Korean politician (born 1957)

Woo Won-shik is a South Korean politician who has served as Speaker of the 22nd National Assembly of South Korea since June 2024. He was a Member of the National Assembly for Nowon, Seoul from 2004 to 2008 and returned to office in 2012. He was a member of Democratic Party of Korea prior to his election as speaker in 2024. As speaker, he presided over the impeacements of President Yoon Suk-yeol and Acting President Han Duck-soo.

<span class="mw-page-title-main">Impeachment of Park Geun-hye</span> 2016 South Korean president impeachment

On 9 December 2016, Park Geun-hye, the president of South Korea, was impeached as the culmination of a political scandal involving interventions to the presidency from her aide, Choi Soon-sil. 234 members of the 300-member National Assembly voted to impeach and temporarily suspend Park's presidential powers and duties. This exceeded the required two-thirds threshold in the National Assembly and, although the vote was by secret ballot, the results indicated that more than half of the 128 lawmakers in Park's party Saenuri had supported her impeachment. Thus, Hwang Kyo-ahn, then Prime Minister of South Korea, became acting president while the Constitutional Court of Korea was due to determine whether to accept the impeachment. The court upheld the impeachment in a unanimous 8–0 decision on 10 March 2017, removing Park from office. The regularly scheduled presidential election was advanced to 9 May 2017, and Moon Jae-in, former leader of the Democratic Party, was elected as Park's permanent successor.

<span class="mw-page-title-main">Yoon Suk Yeol</span> President of South Korea since 2022

Yoon Suk Yeol is a South Korean lawyer and politician who has served as the 13th president of South Korea since 2022. A member of the People Power Party (PPP), Yoon previously served as the prosecutor general of South Korea from 2019 to 2021 under his presidential predecessor, Moon Jae-in. Since 14 December 2024, Yoon has been suspended from his presidential powers following his impeachment by the National Assembly of Korea. The Constitutional Court of Korea is in the process of determining whether he is permanently removed or restored to office.

<span class="mw-page-title-main">People Power Party (South Korea)</span> Conservative political party in South Korea

The People Power Party, formerly known as the United Future Party, is a conservative and right-wing political party in South Korea. It controls the South Korean presidency and is the second-largest party in the National Assembly. The PPP, along with its historic rival, the Democratic Party, make up the two largest political parties in South Korea.

<span class="mw-page-title-main">2022 South Korean presidential election</span>

Presidential elections were held in South Korea on 9 March 2022. Under the South Korean constitution, presidents are restricted to a single five-year term, meaning that incumbent president Moon Jae-in was ineligible to run for a second term. Opposition candidate Yoon Suk Yeol of the People Power Party won the election, defeating candidate Lee Jae-myung of the incumbent Democratic Party.

<span class="mw-page-title-main">Han Dong-hoon</span> South Korean politician (born 1973)

Han Dong-hoon is a South Korean politician and prosecutor who served as the 69th Minister of Justice from May 2022 to December 2023 under the cabinet of Yoon Suk Yeol. He was a leader of People Power Party from July to December 2024. Before joining politics, Han played a key role as an anti-corruption prosecutor alongside Yoon Suk Yeol in convicting former presidents Park Geun-hye and Lee Myung-bak, Samsung executive Lee Jae-yong, and family members of former minister of justice Cho Kuk. Han served as a principal deputy when Yoon held senior positions in the Supreme Prosecutors' Office of Korea.

<span class="mw-page-title-main">2024 South Korean legislative election</span> South Korean legislative election of 10 April 2024

Legislative elections were held in South Korea on 10 April 2024. All 300 members of the National Assembly were elected, 254 from first-past-the-post constituencies and 46 from proportional party lists. The two largest parties, the liberal Democratic Party and the conservative People Power Party, once again set up satellite parties to take advantage of the electoral system.

<span class="mw-page-title-main">Lee Sang-min (lawyer)</span> South Korean lawyer and politician

Lee Sang-min is a South Korean lawyer and a former judge. From 2022 to 2024, he served as the Minister of the Interior and Safety in the Cabinet of President Yoon Suk-yeol. He resigned in the aftermath of the 2024 South Korean martial law incident.

The following lists events in the year 2024 in South Korea.

<span class="mw-page-title-main">Choi Sang-mok</span> Acting President of South Korea since 2024

Choi Sang-mok is a South Korean politician who has served as acting president and acting prime minister of South Korea since 27 December 2024 and as the deputy prime minister and minister of Economy and Finance since December 2023.

<span class="mw-page-title-main">Next South Korean presidential election</span>

The next South Korean presidential election was originally scheduled for 2027. However, following the impeachment of Yoon Suk Yeol on 14 December 2024, an early election in 2025 is likely. According to the South Korean constitution, if President Yoon Suk Yeol resigns or is removed from office by the Constitutional Court, a snap presidential election must be held within 60 days.

<span class="mw-page-title-main">2024 in Asia</span> Overview of Asia-related events during the year of 2024

This is a list of events that have taken place in Asia in 2024.

<span class="mw-page-title-main">2024 South Korean martial law crisis</span> Enactment of military rule in South Korea

On 3 December 2024, at 22:27 Korea Standard Time (KST), Yoon Suk Yeol, the president of South Korea, declared martial law during a televised address. In his declaration, Yoon accused the Democratic Party (DPK), which has a majority in the National Assembly, of conducting "anti-state activities" and collaborating with "North Korean communists" to destroy the country, thereby creating a "legislative dictatorship". The order prohibited political activities, including gatherings of the National Assembly and local legislatures, and suspended the free press. Separately, Yoon reportedly ordered the arrest of various political opponents, including the leaders of the DPK and his own People Power Party (PPP). This event was widely characterized by Korean politicians and news organizations, both international and domestic, as an attempted self-coup.

<span class="mw-page-title-main">Impeachment of Yoon Suk Yeol</span> 2024 South Korean presidential impeachment

On 14 December 2024, Yoon Suk Yeol, the president of South Korea, was impeached by the National Assembly. This action came in response to Yoon's declaration of martial law on 3 December 2024, which was overturned by the National Assembly and officially withdrawn six hours later on 4 December 2024.

References

  1. ↑ "How a presidential impeachment works in South Korea as Yoon faces backlash". Reuters . 4 December 2024. Retrieved 14 December 2024.
  2. ↑ "S. Korean court reinstatesRoh (sic) as president". NBC News. Associated Press. 14 May 2004. Archived from the original on 4 December 2023. Retrieved 14 December 2024.
  3. ↑ Article 65, Clause 1 of the Constitution of South Korea  (1987)
  4. ↑ Mosler, Hannes B. (2017). "The Institution of Presidential Impeachment in South Korea, 1992–2017". Verfassung und Recht in Übersee / Law and Politics in Africa, Asia and Latin America. 50 (2): 119–120. doi:10.5771/0506-7286-2017-2-111. ISSN   0506-7286. JSTOR   26429313.
  5. 1 2 Rashid, Raphael (5 December 2024). "How South Korea's impeachment process works after Yoon Suk Yeol's martial law bid". The Guardian . ISSN   0261-3077 . Retrieved 6 December 2024.
  6. 1 2 Butts, Dylan (4 December 2024). "South Korean President Yoon faces impeachment: How did we get here?". CNBC . Retrieved 5 December 2024.
  7. 1 2 "South Korea's acting president faces impeachment vote as currency plunges". Al Jazeera. 27 December 2024. Retrieved 27 December 2024.
  8. ↑ Kim, Hyung-jin (27 December 2024). "What to know about South Korean acting President Han's impeachment". Associated Press. Retrieved 27 December 2024.
  9. ↑ Son, Ji-hyoung (17 December 2024). "Parties clash over justice appointments for Yoon Suk Yeol trial". The Korea Herald. Retrieved 17 December 2024.
  10. ↑ Kim, Da-sol (19 December 2024). "Justices at Constitutional Court hold 1st meeting". The Korea Herald. Retrieved 19 December 2024.
  11. ↑ "South Korean MPs impeach president over martial law attempt". BBC. 14 December 2024. Archived from the original on 14 December 2024. Retrieved 15 December 2024.
  12. ↑ "South Korea's parliament votes to impeach President Yoon over martial law order". ABC News. Retrieved 14 December 2024.
  13. ↑ "Vote to impeach South Korea's President Yoon Suk Yeol fails after boycott by ruling party MPs". BBC News. Retrieved 7 December 2024.
  14. ↑ "Opposition chief proposes parliamentary-gov't consultative body on stabilizing state affairs". The Korea Times . 15 December 2024. Retrieved 15 December 2024.
  15. ↑ Smith, Josh (14 December 2024). "South Korea opposition will not seek to impeach acting president over martial law". Reuters . Retrieved 15 December 2024.
  16. ↑ Kwak, Yeon-soo (19 December 2024). "Acting president rejects 6 contentious bills amid dispute over his veto power". The Korea Times . Retrieved 20 December 2024.
  17. ↑ Lee, Haye-ah (24 December 2024). "Opposition party vows to immediately take steps to impeach Han". Yonhap News Agency . Retrieved 24 December 2024.
  18. ↑ "(LEAD) Nat'l Assembly votes in favor of appointment of 3 Constitutional Court judge nominees". Yonhap News Agency. 26 December 2024. Retrieved 26 December 2024.
  19. ↑ Lee, Minji (26 December 2024). "(LEAD) Main opposition submits bill to impeach acting President Han; vote up for Friday". Yonhap News Agency . Retrieved 26 December 2024.
  20. ↑ "[Breaking] South Korea's parliament votes to impeach acting president; Ruling party vows to challenge its effect". The Korea Herald. 27 December 2024. Retrieved 27 December 2024.
  21. 1 2 "South Korea votes to impeach acting president Han Duck-soo". BBC News . 27 December 2024. Retrieved 27 December 2024.
  22. ↑ "South Korea's acting president Han Duck-soo impeached, stirring new political chaos". South China Morning Post . Agence France-Presse. 27 December 2024. Retrieved 27 December 2024.
  23. ↑ "South Korea's acting president faces impeachment vote". France 24. 27 December 2024. Retrieved 27 December 2024.
  24. ↑ "Opposition impeaches acting president for refusing to appoint Constitutional Court justices". The Korea Times. 27 December 2024. Retrieved 27 December 2024.
  25. ↑ "(4th LD) Nat'l Assembly votes to impeach acting President Han". Yonhap News Agency. 27 December 2024. Retrieved 27 December 2024.
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