Seoul, South Korea – South Korean President Yoon Suk-yeol is about to face a second impeachment movement within the Nationwide Meeting on Saturday, only a week after a earlier try by the political opposition fell short.
The stakes are excessive following Yoon’s controversial declaration of martial legislation on December 3, which triggered nationwide protests and heightened uncertainty for Asia’s fourth-largest financial system.
For the most recent impeachment movement to succeed, it should safe at the least 200 votes – a two-thirds majority – in South Korea’s 300-seat Nationwide Meeting.
The opposition bloc holds 192 seats, leaving it eight votes wanting the quantity required.
Nevertheless, in current days, a small but rising variety of legislators from Yoon’s governing Folks Energy Celebration have overtly supported the movement, making impeachment more and more extra seemingly.
In a defiant televised address on Thursday, Yoon dismissed the thought of voluntary resignation, stressing, “Whether or not they impeach me or examine me, I’ll stand agency.”
What occurs if Yoon is impeached?
If the Nationwide Meeting passes the impeachment movement, a sequence of authorized and constitutional processes will unfold, beginning with the official supply of the impeachment decision from the Nationwide Meeting to the President’s Workplace and the Constitutional Court docket.
From that second, Yoon’s presidential powers will likely be suspended. He’ll nonetheless retain the title and a few privileges related to the presidency, together with the presidential residence, and continued safety safety.
Throughout this era, South Korea’s prime minister will assume the position of performing president beneath Article 71 of the Structure.
Nevertheless, the opposition can be contemplating impeaching Prime Minister Han Duck-soo in connection together with his attainable position within the martial legislation declaration. If Han is impeached, too, the deputy prime minister for the financial system would take over as performing president.
The performing president will deal with important duties akin to army command, issuing decrees, and managing state issues.
Whereas the Structure doesn’t clearly restrict the scope of an performing president’s authority, precedent suggests powers ought to be restricted to sustaining the established order somewhat than initiating main coverage adjustments.
Overview on the Constitutional Court docket
The impeachment course of then strikes to the Constitutional Court docket, the place justices will assessment the case to find out whether or not Yoon’s elimination is justified.
At the very least six out of the 9 justices should assist the movement for it to be upheld.
Nevertheless, solely six justices at present sit on the bench, that means Yoon wants only one supportive ruling to outlive the impeachment try.
The three vacant seats are positions that the Nationwide Meeting can nominate. Whereas legislators are actually dashing to fill these seats, the president has the ultimate authority to approve the appointments, elevating the potential of delays or rejections.
The courtroom is required to situation its determination inside 180 days of receiving the case. The Constitutional Court docket took 63 days to rule on former President Roh Moo-hyun’s impeachment in 2004 and 91 days for former President Park Geun-hye’s case in 2016.
Yoon’s potential authorized defence
Yoon’s speech on Thursday appeared to preview his defence technique ought to the case attain the Constitutional Court docket.
He’s prone to argue that declaring martial legislation was inside his constitutional powers and didn’t represent an unlawful act or an riot.
He framed the martial legislation declaration as a “extremely political determination” falling beneath the president’s powers, that are “not topic to judicial assessment”.
Yoon insisted that his determination was an “emergency attraction to the general public” amid what he described as a extreme political disaster, which he blamed on the opposition-controlled Nationwide Meeting.
Constitutional Court docket’s ruling
If the courtroom upholds the impeachment, Yoon will likely be faraway from workplace.
He’ll lose privileges afforded to former presidents, akin to pensions and private aides, although he’ll proceed to obtain safety safety.
A presidential election should then be held inside 60 days to elect a brand new chief.
If the impeachment is rejected, Yoon will likely be reinstated as president and resume his duties.
Separate investigations
Even when he survives the second impeachment bid, Yoon nonetheless faces criminal investigations.
Though a sitting president enjoys immunity from felony prosecution, this safety doesn’t prolong to expenses of riot.
A number of investigative companies, together with the police, the prosecution, and the Corruption Investigation Workplace for Excessive-ranking Officers, are investigating senior officers and army commanders on expenses of riot.
Which means Yoon may doubtlessly be arrested, which might mark the primary such case involving a sitting president in South Korea.
