Explainer: What happens if Yoon Suk Yeol is impeached?
Sign up now: Get ST's newsletters delivered to your inbox
President Yoon Suk Yeol is facing a growing call for him to resign, following his failed attempt to put his nation under martial rule.
PHOTO: EPA-EFE
Follow topic:
President Yoon Suk Yeol’s political future is hanging in the balance, amid a growing call for him to step down immediately after his failed attempt on Dec 3 to place South Korea under martial rule
If he refuses, lawmakers say they will begin impeachment proceedings against him. This is how that process will play out.
How it will start
Parliament can pass a motion seeking to impeach Mr Yoon for violating the Constitution or “any law in the performance of official duties”.
The motion will have to be approved by two-thirds of all lawmakers.
Does the opposition have the votes?
At least 200 votes are needed to impeach Mr Yoon. The opposition Democratic Party and its allies currently have 192 seats.
Lawmakers with Mr Yoon’s ruling People Power Party have criticised his martial law declaration, but it is not clear if they will join the opposition’s efforts to remove him by impeachment.
If the motion to impeach passes, what then?
It would go to the Constitutional Court – one of South Korea’s highest courts, along with the Supreme Court.
At least six of nine justices must agree to go ahead with the impeachment. They have up to six months to reach a decision.
The court, however, currently has only six sitting justices, with three posts yet to be filled. It is not clear if it will take up any impeachment motion without all nine justices sitting.
As that is happening, Mr Yoon will not be able to exercise his powers until the impeachment is adjudicated.
The Prime Minister, Mr Han Duck-soo, takes over as interim leader.
What happens next if the impeachment is upheld?
If an impeachment is upheld and Mr Yoon resigns, the government must hold elections within 60 days.
Has anyone been impeached before?
Two presidents – Ms Park Geun-hye and Mr Roh Moo-hyun – had previously been impeached.
Ms Park was impeached in December 2016 for colluding with a confidant in an influence-peddling scheme and abusing her presidential authority.
The Constitutional Court confirmed her impeachment, and an election was held in May 2017.
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.
Mr Roh was impeached in 2004 and forced out of office for two months before being restored to power by the Constitutional Court.
