KB News Desk
- South Korea’s Constitutional Court reinstated suspended Prime Minister Han Duck-soo, dismissing his impeachment.
- Han was accused of being an accomplice to President Yoon’s martial law imposition and other charges.
- Han resumed his role as acting president, holding an emergency security meeting and interacting with the press.
- Han’s reinstatement marks a significant moment in South Korea’s political history, with the nation’s political stability hanging in the balance.
In a landmark ruling that has sent ripples through the political landscape of South Korea, the Constitutional Court dismissed the impeachment of suspended Prime Minister Han Duck-soo, reinstating him as acting president. The decision, which is final and unchallengeable, was not unanimous, with five justices voting to dismiss the impeachment motion, one voting to uphold it, and the remaining two voting to reject the motion entirely. This was the first ruling on an impeachment case related to President Yoon Suk Yeol’s Dec. 3 martial law declaration.
The justices who dismissed Han’s impeachment were Moon Hyung-bae, Lee Mi-son, Kim Hyung-du, Jung Jung-mi, and Kim Bok-hyeong. Four of them determined that Han had violated his constitutional duty by declaring in advance that he would reject justice appointments without bipartisan support. However, they found no evidence of his intent, and thus no grounds for dismissal. Justice Kim Bok-hyeong, while dismissing the case, added that Han’s failure to appoint justices cannot be seen as him violating the constitution.
Justice Chung Kye-sun, the only one who upheld Han’s impeachment, argued that his failure to appoint justices and a special prosecutor in the insurrection investigation was a serious violation of the law, and his actions were grave enough to remove him from office. Despite the anticipation that the court would address the constitutionality of the Dec. 3 martial law declaration, the verdict contained no elaboration from any of the eight justices on the matter.
The Impeachment and Its Aftermath
Han was impeached on Dec. 27 after the Assembly led by the main opposition Democratic Party of Korea accused him of being an “accomplice” to President Yoon’s martial law imposition on Dec. 3. Other reasons included his recommendation that the president veto a special prosecutor investigation into first lady Kim Keon Hee and his refusal to appoint three Constitutional Court justices. The motion to impeach Han passed unanimously in a 192-0 vote, marking the first time an acting president was impeached by parliament. It needed more than 151 votes to succeed.
Regarding the legitimacy of the Assembly’s impeachment vote process, the six judges also ruled that it was lawful. Justices Cheong Hyung-sik and Cho Han-chang who rejected the motion, however, ruled that the process was unlawful, arguing that it required a two-thirds majority of the full National Assembly, not a simple majority. They emphasized the acting president’s role is constitutionally equivalent to the president’s and that the position holds significant democratic legitimacy.
Han resumed his role as acting president by returning to his office. He began his work including answering questions from the press at the Government Complex Seoul, and holding an emergency security meeting and tea time with Finance Minister Choi Sang-mok, according to the prime minister’s office. Choi served as the acting president while Han was suspended.
The Road Ahead
Han’s return to office comes 87 days after he was suspended from his position after the National Assembly passed a motion to impeach him on Dec. 27. The court concluded all proceedings on the case in its first hearing on Feb. 19. However, Han’s reinstatement is unlikely to quiet the storm. The standoff over the appointment of Ma Eun-hyuk, one of three Constitutional Court justices who was not appointed last year — first by Han and then by Choi — is expected to continue. The issue played a decisive role in the Assembly’s passage of the impeachment motion against Han last year, amid mounting pressures from the opposition party to appoint Ma.
The five opposition parties have already submitted an impeachment motion against Choi Sang-mok for failing to appoint Ma. Han, who immediately returned to his duties, thanked the court for its wise judgment. In an address after the verdict, the veteran bureaucrat vowed steady leadership through a turbulent geopolitical landscape while calling on South Korea to heal its deep political divide.
The court heard final arguments in the weeks-long trial on Feb. 25 and a decision was widely expected by mid-March, based on the timelines of two previous impeachment proceedings. It has not yet indicated a verdict date, however, prompting massive protests on both sides of the issue to swell in Seoul and other cities around the country.
In conclusion, the reinstatement of Han Duck-soo as acting president marks a significant moment in South Korea’s political history. The decision, which has been met with mixed reactions, underscores the complexities of the country’s political landscape. As Han resumes his duties, the nation watches on, anticipating the next chapter in this unfolding political saga. The future of South Korea’s political stability hangs in the balance, hinging on the actions of its reinstated leader and the reactions of its opposition parties.
