Explainer – How to impeach a South Korean president By Reuters

SEOUL (Reuters) – South Korean President Yoon Suk Yeol faces impeachment proceedings. Opposition MPs accuse him of breaching his constitutional duty and committing a crime akin to treason when he declared martial law on Tuesday.

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.

Below are details about the presidential impeachment process and previous presidents who have been impeached.

WHAT IS THE LAW?

The constitution provides that Parliament can impeach the president or other high-ranking officials if it is suspected that they “have violated the constitution or any law in the exercise of their official duties.”

The motion to impeach the president requires a two-thirds majority of members of the unicameral parliament to pass. A simple majority is required to remove other officials from office.

The Constitutional Court conducts a procedure to either confirm or reject the impeachment motion and hears evidence from Parliament to determine whether the president has broken 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 shy of the 200 needed to impeach the president.

Some members of Yoon’s ruling People Power Party have strongly objected to his declaration of martial law, but it was not clear whether and how many of them will join the opposition if a motion is put to a vote.

Yoon has already faced calls for impeachment and a special investigation into a scandal involving his wife.

IS THE VOTE OF PARLIAMENT ALL THAT IS NEEDED?

If Parliament votes for impeachment, the President will be suspended from exercising his powers pending the outcome of an impeachment proceeding before the Constitutional Court. The Prime Minister acts as acting leader.

The Constitutional Court hears oral arguments from the chairman of the Justice Committee of Parliament and the official or his legal advisor.

The court has up to six months to confirm the impeachment with a majority of six of the nine justices or reject the request.

The court currently has six sitting judges with three vacancies. She waived the requirement of seven justices to deliberate cases, but it was not clear whether she would accept the impeachment motion without the full nine justices.

What happens if the president is removed from office?

A new presidential election must take place within 60 days.

The same would apply if Yoon resigns – the prime minister takes over the acting role and new elections are held within 60 days.

Presidential elections were held in May 2017 after the Constitutional Court ruled on March 9 to uphold the impeachment of then-President Park Geun-hye.

The murdered president’s daughter is the only president to be indicted

Park was the first democratically elected leader to be removed from office amid allegations that she worked with an associate in an influence peddling scheme and abused her authority as president.

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

Park is a daughter of former President Park Chung-hee, who was assassinated in 1979.

She was later tried in a separate criminal case and sentenced to 20 years in prison. She served nearly five years in prison before being released on medical parole and pardoned in 2021.

ROH MOO-HYUN

In 2004, then-President Roh Moo-hyun was impeached for failing to maintain the political neutrality required of a senior official.

The request was rejected by the Constitutional Court and Roh was reinstated for a full five-year term.