South Korea Constitutional Court reinstates impeached prime minister Han as acting president News
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South Korea Constitutional Court reinstates impeached prime minister Han as acting president

The South Korean Constitutional Court ruled on Monday that the impeachment of Prime Minister Han Duck-soo was Illegitimate as his conduct, while partially unconstitutional, did not constitute a “betrayal of public trust.” The decision effectively reinstates Han as acting president.

While one of the eight justices voted to uphold the impeachment, four voted for dismissal of the case and another two declared the litigation as procedurally invalid. At the same time, four justices acknowledged that Han acted unconstitutionally in failing to appoint three Constitutional Court justices selected by the National Assembly.

The Constitutional Court dealt with events that occurred in December of 2024. On December 14, the opposition-dominated National Assembly passed an impeachment motion against former President Yoon Suk Yeol, as a reaction to his controversial declaration of martial law. Subsequently, this led to the first arrest of a sitting Korean president, with Yoon released from custody on March 7.

Han assumed office on the same day as Yoon’s impeachment, as mandated by Article 71 of the South Korean Constitution. Just a few days later, on December 27, the National Assembly, with an absolute majority of 192 votes, passed an impeachment motion against Han. The Assembly instituted the impeachment in response to Han’s veto of the special counsel bill, intended to investigate former President Yoon, as well as his refusal to appoint three Constitutional Court justices selected by the Assembly. After the successful impeachment motion, Han was suspended from office until adjudication by the Constitutional Court pursuant to Article 65 (3) of the Constitution, and resuming the presidential office with a decision in his favor.

In response to the decision, Han expressed his gratitude to the court by stating that:

I am grateful for the wise decision. Above all else, I want to thank acting President Choi Sang-mok for leading the country during the suspension of my duty. I will tend to the most urgent matters. I think [the] South Korean people are raising voices against the politicians, who are continuing this fierce conflict. There is no more left or right in the country. The country must go forward or rise upward.

Members of the Democratic Party of Korea, Han’s primary opposition, also commented on the court’s ruling, calling it a decision that “can’t be respected.” While former President Yoon’s trial still awaits adjudication, the opposition presses for a timely verdict.

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