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The Guardian - AU
The Guardian - AU
World
Raphael Rashid in Seoul

How South Korea’s impeachment process works after Yoon Suk Yeol’s martial law bid

People attend a rally on Thursday urging lawmakers of South Korea's ruling People Power Party to vote in favour of the impeachment of South Korea’s president, Yoon Suk Yeol
People attend a rally on Thursday urging lawmakers of South Korea's ruling People Power Party to vote in favour of the impeachment of South Korea’s president, Yoon Suk Yeol, who tried to plunge the country into martial law. Photograph: Kim Hong-Ji/Reuters

South Korea’s opposition parties have initiated impeachment proceedings against the president, Yoon Suk Yeol, after his shock declaration of martial law on Tuesday night that was withdrawn within six hours after united opposition from parliament.

The dramatic events, which saw military troops entering the National Assembly before martial law was repealed, marked the most serious challenge to South Korean democracy since the 1980s. Now, with public opinion firmly behind them, opposition lawmakers are moving swiftly towards an impeachment vote.

A poll shows 73.6% of South Koreans support impeaching Yoon, with 69.5% believing his actions amount to insurrection. Support for his removal crosses all traditional political divides, with majorities favouring impeachment even in some conservative strongholds.

The parliamentary process began when opposition parties filed their motion on 4 December citing constitutional violations. After being notified to the National Assembly in the early hours of Thursday, the vote is expected on Saturday. To pass, the motion requires a two-thirds majority – at least 200 votes in the 300-seat parliament.

The opposition coalition holds 192 seats, meaning they need at least eight members of Yoon’s ruling conservative People Power party (PPP) to break ranks. That party’s leader, Han Dong-hoon, on Thursday set his party line against impeachment but on Friday he appeared to change tack, calling for Yoon to be immediately suspended. On Thursday, inside the PPP it seemed some members still supported Yoon, while others backed impeachment.

If the National Assembly passes the motion, Yoon would be immediately suspended from duties, with the prime minister, Han Duck-soo, serving as acting president while the constitutional court deliberates.

However, procedural challenges remain. The court, which currently has only six justices’ positions filled out of nine, requires seven justices to review cases – though it has shown some flexibility in recent months.

For the final judgment, at least six justices must vote in favour of impeachment, though they might be reluctant to begin such a politically sensitive case without a full bench, particularly given the gravity of the decision. Should the court take the case, it has up to six months to rule, though periods when seven justices cannot be present do not count towards this deadline.

South Korea has seen two previous presidential impeachment cases since democratisation: Park Geun-hye was removed from office in 2017 over corruption charges, while Roh Moo-hyun was reinstated in 2004 after the court overturned his impeachment.

Should this first impeachment attempt fail, opposition parties are likely to repeat the process, given that Yoon’s removal had been their goal even before the martial law crisis.

If Yoon is ultimately removed or chooses to resign, South Korea would need to hold a presidential election within 60 days.

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