South Korea’s Constitutional Court on Monday reversed the impeachment of Prime Minister Han Duck-soo, reinstating him as acting leader of the country. This decision was made while the court has yet to issue a verdict on the separate impeachment of President Yoon Suk Yeol.
Many analysts believe the ruling on Han’s impeachment doesn’t offer much insight into the likely outcome of Yoon's case, as Han was not central to the controversial imposition of martial law by Yoon. Nevertheless, the decision could strengthen Yoon's loyal supporters and intensify their political campaign against the opposition.
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Han became acting president after Yoon, a conservative, was impeached by the opposition-controlled National Assembly in December following Yoon’s imposition of martial law on December 3, which sparked a political crisis. However, Han himself faced impeachment by the assembly later that month amid political conflict with opposition lawmakers.
The consecutive and unprecedented impeachments of the nation’s top two leaders deepened the country’s political division and raised concerns over its diplomatic and economic stability. In the interim, Deputy Prime Minister and Finance Minister Choi Sang-mok served as acting president.
On Monday, seven of the court’s eight justices ruled to overturn or dismiss Han's impeachment, stating that the accusations against him were not legally valid or significant enough to justify his removal from office, or that the impeachment motion had failed to meet the necessary quorum in the assembly. Only one justice upheld the impeachment.
A dismissal of Han would have required the backing of at least six justices.
After his reinstatement, Han addressed the media, stating that he would focus on "the most urgent matters," including the shifting global trade landscape, likely alluding to the Trump administration’s aggressive trade policies. He also called for national unity, stating that "there’s no left or right — what matters is the advancement of our nation."
The court has not yet ruled on Yoon's impeachment. If upheld, South Korea will need to hold a presidential election. If Yoon’s impeachment is overturned, he will be restored to office with full presidential powers.
Yoon's impeachment came about two weeks before Han's. Observers had expected the Constitutional Court to rule on Yoon's case in mid-March, but no decision has been made as of now.
Yoon has also been arrested and charged with rebellion related to his martial law decree. If convicted, he faces either the death penalty or a life sentence. On March 8, a Seoul district court allowed Yoon to stand trial while not being detained, leading to his release from prison.
Massive protests for and against Yoon have divided South Korea’s major cities, including Seoul. Earlier polls suggested that a majority of South Koreans disapproved of Yoon's martial law decree, though support for Yoon and his sympathizers has grown since then.
The main point of contention in the political battle over Yoon is his deployment of hundreds of troops and police to the assembly following the declaration of martial law. While Yoon claims the intention was to maintain order, military and police officials have stated that Yoon ordered them to remove lawmakers to prevent a vote to rescind his decree. Eventually, enough lawmakers managed to vote against the decree, rejecting it unanimously.
Han, a seasoned diplomat appointed by Yoon, attempted to stabilize diplomatic relations and reassure financial markets while serving as acting president. His refusal to fill three vacancies on the nine-member Constitutional Court, however, triggered the opposition’s push for his impeachment.
Restoring the court’s full membership became a contentious issue, as a ruling in favor of Yoon’s impeachment would require at least six justices. Han’s successor, Choi Sang-mok, appointed two new justices but left the ninth seat vacant.
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Both Han and Choi argued that bipartisan consent was needed to appoint new justices, but critics suggested they were aligning with Yoon's People Power Party to increase Yoon’s chances of returning to power. On Friday, the main liberal opposition party, the Democratic Party, along with other smaller opposition parties, submitted an impeachment motion against Choi.