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South Korea’s Impeachment Process

by Tim McBride
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South Korean President Yoon Suk Yeol Faces Impeachment Threat

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South Korean President Yoon Suk Yeol is facing the threat of impeachment after opposition lawmakers accused him of violating his constitutional duty and committing a crime akin to treason when he declared martial law on Tuesday. The martial law declaration was lifted on Wednesday, just hours after the opposition-controlled parliament rejected his attempt to ban political activity and censor the media.

The presidential impeachment process is outlined in the South Korean Constitution, which states that parliament can bring a motion against the president if they are believed to have violated the Constitution or any law in the performance of their official duties. A two-thirds majority vote by parliament is required to pass an impeachment motion, and a simple majority is needed to impeach other officials. The Constitutional Court then conducts a trial to either confirm or reject the impeachment motion.

The opposition Democratic Party, which controls parliament, has vowed to impeach Yoon, and the party and other smaller parties have 192 seats, just short of the 200 required to impeach the president. Some members of Yoon’s ruling People Power Party have expressed opposition to his martial law declaration, but it is unclear if they will join the opposition if a motion is brought to a vote.

If parliament votes to impeach Yoon, he will be suspended from exercising his powers until the result of an impeachment trial held by the Constitutional Court. The Court has up to six months to confirm the impeachment by a vote of six out of the nine justices, or reject the motion.

If the president is removed from office, a new presidential election must be held within 60 days. The same would apply if Yoon resigns, in which case the prime minister takes over in an acting capacity and a new election is held within 60 days.

South Korea has a history of presidential impeachments, with the most notable example being the impeachment of President Park Geun-hye in 2017. Park was the first democratically elected leader to be ousted from office, accused of colluding with a confidant in an influence peddling scheme and abusing her presidential authority. She was later convicted and sentenced to 20 years in prison.

Yoon is also facing calls for impeachment and special investigations into a scandal involving his wife. The fate of his presidency hangs in the balance as the opposition moves forward with its plans to impeach him.

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