The main opposition Democratic Party (DP) of South Korea has submitted an impeachment motion against acting President Han Duck-soo.
The motion was formally reported to the National Assembly’s plenary session on Thursday (26 Dec) amid a contentious political standoff.
The DP’s decision to impeach Han follows his refusal to appoint three nominees to the Constitutional Court until rival parties agree on whether he has the authority to do so.
Han’s stance has heightened tensions, particularly as the court prepares to deliberate on the impeachment trial of President Yoon Suk Yeol, who was impeached over his brief imposition of martial law earlier this year.
Political deadlock over appointments
Han’s refusal to act on the National Assembly’s nominations has drawn sharp criticism from the DP, which has vowed to pursue impeachment unless he fulfils the appointments.
According to Han, appointing the justices would breach constitutional customs requiring bipartisan agreement in such critical decisions.
“It is the consistent spirit of our Constitution and laws that the acting president refrain from exercising the vital and exclusive authority of the president, including appointments to constitutional institutions,” Han stated during a televised address from the government complex in Seoul.
He called on political leaders, including National Assembly Speaker Woo Won-shik, to find a compromise, pledging to act once an agreement is reached.
Constitutional implications
The three vacant positions in the nine-member Constitutional Court are critical. The court requires at least six justices to uphold or reject an impeachment motion. The current bench of six justices will begin pretrial hearings on President Yoon’s impeachment on Friday.
Legal scholars note that South Korea’s Constitution grants the National Assembly the authority to select three justices for the Constitutional Court. Presidential appointments for these seats are typically viewed as procedural.
However, Han’s refusal has sparked debates over whether an acting president’s powers differ from those of an elected president.
The court itself has indicated that it believes the acting president retains the authority to appoint justices, further complicating the political landscape.
Broader disputes and potential fallout
Han’s impeachment would escalate the political crisis and potentially lead to Deputy Prime Minister and Finance Minister Choi Sang-mok assuming acting presidential duties. However, legal ambiguities regarding the impeachment standards for an acting president could spark further controversies.
Impeaching most officials in South Korea requires a simple majority in the National Assembly. However, the impeachment of a president or acting president may demand a two-thirds majority. The DP, which controls 170 of the Assembly’s 300 seats, would need support from other parties to meet the higher threshold.
Han’s clashes with the DP extend beyond the appointments issue. He has vetoed opposition-backed agricultural bills and refused to approve investigations into President Yoon and First Lady Kim Keon Hee over corruption allegations.
As the National Assembly prepares to vote on the motion during Friday’s plenary session, the outcome could have far-reaching implications for South Korea’s political stability.
The coming days will test whether Han’s insistence on bipartisanship can withstand the DP’s demands or whether the country will face another leadership transition in a time of heightened political strife.
