How is a South Korean president impeached and does the opposition have enough votes to do so?

SEOUL: South Korean President Yoon Suk Yeol is facing the threat of impeachment, with opposition lawmakers accusing him of violating his constitutional duty and committing a crime akin to treason when he declared martial law on Tuesday (Dec 3).

Yoon lifted the martial law declaration before dawn on Wednesday, just hours after the opposition-controlled parliament rejected his attempt to ban political activity and censor the media.

Here are details of the presidential impeachment process:

WHAT IS THE LAW?

The Constitution provides for parliament to bring an impeachment motion against the president or other high-ranking public officials if they are believed to “have violated the Constitution or any law in the performance of official duties”.

The presidential impeachment motion needs a two-thirds majority vote by the members of the single-chamber parliament to pass. A simple majority is needed to impeach other officials.

The Constitutional Court conducts a trial to either confirm or reject the impeachment motion, hearing evidence from parliament to determine whether the president violated the law.

DOES THE OPPOSITION HAVE THE VOTES?

Parliament is currently controlled by the main opposition Democratic Party, which has vowed to impeach Yoon. 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 strongly objected to his martial law declaration, but it was not clear if or how many of them will join the opposition if a motion is brought to a vote.

Yoon was already facing calls for impeachment and special investigations into a scandal involving his wife.

IS THE PARLIAMENT VOTE ALL THAT’S NEEDED?

If parliament votes to impeach, the president is suspended from exercising his powers until the result of an impeachment trial held by the Constitutional Court.

The prime minister serves as the leader in an acting capacity.

The Constitutional Court hears oral arguments from the chair of parliament’s justice committee and from the public official or their legal counsel.

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.

The Court currently has six sitting justices with three posts to be filled. It has waived the requirement of seven justices to deliberate cases, but it was not clear if it would take up the impeachment motion without the full nine justices.

WHAT HAPPENS IF THE PRESIDENT IS REMOVED FROM OFFICE?

A new presidential election must be held within 60 days.

The same would apply if Yoon resigns – the prime minister takes over in an acting capacity and a new election is held within 60 days.

In May 2017, a presidential election was held after the Constitutional Court’s ruling to confirm then-president Park Geun-hye’s impeachment on Mar 9.

IMPEACHED PRESIDENTS

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.

Parliament voted to impeach her in December 2016, with some members of her own conservative party voting in favour.

Park is the daughter of former president Park Chung-hee, who was assassinated in 1979.

She was later tried separately on criminal charges and was sentenced to 20 years in prison. She served almost five years before being released on medical grounds and was then pardoned in 2021.

In 2004, then-president Roh Moo-hyun was impeached on the charge of failing to maintain political neutrality as required of a high public official.

The motion was rejected by the Constitutional Court and Roh was restored to serve a full five-year term.