In a significant judicial development in Seoul, South Korea, the Constitutional Court has annulled the impeachment of Prime Minister Han Duck-soo. This decision reinstates Han as the acting leader of the country on Monday, amidst ongoing deliberations concerning the impeachment of President Yoon Suk Yeol. The President is under scrutiny for his surprising imposition of martial law back in December.
While the court’s 7-1 ruling on Han’s case suggests little about the anticipated verdict concerning President Yoon, many believe it could embolden his committed supporters and prompt them to intensify their political accusations against the opposition. Following his reinstatement, Han expressed gratitude to the court for its “wise decision,” and vowed to address “urgent matters” such as the global trade environment rapidly changing due to policies like those from the Trump administration. Additionally, he called for national unity, emphasizing that political alignment should come secondary to the nation’s progress.
The political climate in South Korea has been turbulent since December 3rd when President Yoon, representing the conservative faction, declared martial law, deploying troops to the liberal opposition-controlled National Assembly in Seoul. The martial law was quickly voted down by a sufficient number of lawmakers after a brief six-hour period.
This crisis led to the assembly impeaching Yoon on December 14th on grounds of constitutional violations and suppression of political activities. With Yoon impeached, Han temporarily stepped in as acting president until his own impeachment occurred later in December. The sequential impeachments of the nation’s top officials have exacerbated domestic political rifts and spurred concerns over South Korea’s international relations and economic strategies.
Han’s impeachment largely stemmed from his decision not to fill three vacant seats on the nine-member Constitutional Court, a strategic move since at least six justices are needed to confirm Yoon’s impeachment. His successor, Choi Sang-mok, filled two seats but left one unoccupied after Han’s suspension.
Han was also accused of supporting Yoon’s martial decree and hindering independent investigations into the related allegations. However, the Constitutional Court overruled Han’s impeachment, with seven out of eight justices voting against it, noting the lack of legal grounds or severity in the accusations, or questioning the quorum of the assembly’s initial impeachment vote. Only one justice upheld the decision to impeach Han.
The country’s main liberal opposition, the Democratic Party, expressed disappointment with Han’s reinstatement and called for a quick resolution to Yoon’s impeachment case. Meanwhile, Yoon’s office praised the court’s decision as evidence of the opposition’s “reckless, malicious political offensive.”
Observers had anticipated a court ruling on Yoon’s impeachment by mid-March, though no decision has yet been announced, sparking speculation. Duyeon Kim, a senior analyst at the Center for a New American Security, remarked that the court’s decision on Han could potentially encourage both Yoon’s supporters and opponents. However, Kim urged caution in predicting the outcome on Yoon due to the differences in allegations and case specifics.
Han’s reinstatement, given his bureaucratic background, is expected to offer South Korea more political stability. Over recent months, massive rallies in Seoul have showcased divided public opinion on Yoon’s actions, with previous surveys indicating widespread criticism of the martial law, although support for Yoon has since gained momentum.
President Yoon has cited his introduction of martial law as a vital measure to highlight what he termed as the Democratic Party’s obstruction of his political agenda through numerous impeachment motions against government officials. Critics, however, suggest Yoon may have been seeking to avoid potential investigations into personal and familial scandals. Military and police forces sent to support the assembly confirmed orders to remove lawmakers to prevent them from overturning Yoon’s decree. Claims suggest Yoon intended orderly maintenance rather than aggressive enforcement.
Should the court validate Yoon’s impeachment, South Korea would need to organize a presidential election to appoint his successor. Conversely, if the court rules in Yoon’s favor, he will resume his presidential duties. Additionally, Yoon faces separate serious charges of rebellion, potentially resulting in a life sentence or even the death penalty upon conviction if the case proceeds.