Acting South Korean president impeached by parliament, deepening country's constitutional crisis

27 December 2024, 07:48 | Updated: 27 December 2024, 07:59

South Korean acting President Han Duck-soo has been impeached
South Korean acting President Han Duck-soo has been impeached. Picture: Alamy

By Kit Heren

The acting president of South Korea has been impeached by parliament, in a move that could deepen the country's constitutional crisis.

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The crisis was triggered by a short-lived period of martial law declared by Han Duck-soo's predecessor, Yoon Suk Yeol.

The opposition began the impeachment process against Mr Han over his refusal to fill three places on the Constitutional Court, where the former president is on trial.

The court appointments have stalled amid an intensifying dispute between the liberal opposition and Mr Yoon's conservative party, and the potential impeachment of Prime Minister Han Duck-soo may deepen the political paralysis that has halted high-level diplomacy and rattled financial markets.

The opposition-controlled National Assembly also passed motions calling for the appointment of three Constitutional Court justices as the court prepares to start deliberations on whether to dismiss or reinstate Mr Yoon.

Read more: South Korea's parliament votes to impeach President Yoon Suk Yeol over martial law attempt

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The vote came shortly after Mr Han reiterated in a televised statement that he would not appoint the justices without bipartisan consent.

National Assembly Speaker Woo Won Shik urged Mr Han to swiftly appoint the justices, saying that his calls for bipartisan consent essentially amount to a refusal and "infringes on the National Assembly's right to select Constitutional Court justices".

Mr Yoon's People Power Party, whose members mostly boycotted the National Assembly vote, argued that Mr Han should not exercise presidential authority to appoint the proposed justices while Mr Yoon has yet to be formally removed from office.

The main opposition Democratic Party has accused the conservatives of undermining the court process to save Mr Yoon's presidency, and its motion to impeach Mr Han could go to a floor vote as early as Friday.

Yoon Suk Yeol
Yoon Suk Yeol. Picture: Alamy

The Democrats' floor leader, Park Chan-dae, said Mr Han's comments show "he lacks both the qualifications to serve as the acting leader and the will to uphold the Constitution".

Mr Yoon's presidential powers were suspended after the National Assembly voted to impeach him on December 14 over an attempted power grab which lasted only hours but has triggered weeks of political turmoil that has shaken one of Asia's most robust democracies.

To formally end Mr Yoon's presidency, at least six justices on the nine-member Constitutional Court must vote in favour. Three seats remain vacant following retirements and a full bench could make conviction more likely.

The court, which is to hold a pre-trial hearing in Mr Yoon's case on Friday, has said it believes the acting president can exercise the right to appoint justices.

Three of the court's nine justices are directly appointed by the president. Three are nominated by the head of the Supreme Court and three by the National Assembly, and they are then formally appointed by the president in what is widely considered a procedural matter.

South Korea’s opposition parties submit motion to impeach president Yoon

The three seats that are currently open are to be nominated by politicians.

South Korea's Constitution states that the National Assembly "selects" three roles in the court rather than recommends, suggesting the presidential appointments for these roles are a formality rather than a substantive authority, according to some legal experts.

Mr Han said: "The consistent spirit reflected in our Constitution and laws is that an acting president should focus on maintaining stability in governance to help the country overcome crisis while refraining from exercising significant powers exclusive to the president, including appointments to constitutional institutions.

"I will withhold the appointment of Constitutional Court justices until the ruling and opposition parties submit an agreed-upon proposal."

Mr Han has also clashed with the Democrats over his vetoes of Bills calling for independent investigations of Mr Yoon and corruption allegations involving his wife, Kim Keon Hee.

Choi Sang-mok, the country's deputy prime minister and finance minister, is next in line.

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