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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 promulgate 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.

Background

Only one Korean president, Park Geun-hye, has been removed from office through impeachment, which occurred in 2017. 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.

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.

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. 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. 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. Furthermore, no specific laws exist on dealing with the impeachment of an acting president.

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. 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.

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 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.

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.

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. 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.

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".

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.

Motion

Motion to impeach Han

Choice	Votes
Y Yes	192 (64%)
N No	0
Abstentions	0
Invalid	0
Not voting	108 (36%)
Impeachment successful

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 " to buy time and prolong the insurrection". 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, with the plenary vote scheduled on 27 December.

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. Han became the first acting president of South Korea to be impeached.

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". 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". The PPP later filed for an adjudication on jurisdiction disputes and an injunction with the Constitutional Court to nullify Han's impeachment.

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.

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. ^ 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. ^ Butts, Dylan (4 December 2024). "South Korean President Yoon faces impeachment: How did we get here?". CNBC. Retrieved 5 December 2024.
7. ^ "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. ^ "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.

• 2024 in South Korean politics
• December 2024 events in South Korea
• Impeachment in South Korea
• Yoon Suk Yeol government