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 treasonous crime when he declared martial law on Tuesday.
Yun lifted the martial law declaration before dawn Wednesday, just hours after the opposition-controlled parliament rejected his attempt to ban political activity and censor the media.
Below is a description of the presidential impeachment process and the former presidents who were impeached.
What is the law?
The Constitution provides for Parliament to bring impeachment motions against the President or other high-ranking public officials if it finds that they have “violated the Constitution or any law in the performance of official duties.”
A presidential impeachment motion requires a two-thirds majority by members of the single-chamber parliament to be passed. A simple majority is required to impeach other officials.
The Constitutional Court conducts a trial to confirm or reject an impeachment motion, hearing evidence from Parliament to determine whether the President has violated the law.
Does the opposition have votes?
Parliament is currently controlled by the main opposition Democratic Party, which has vowed to impeach Yun. The party and other smaller parties have 192 seats, just short of the 200 needed to impeach the president.
Some members of Yun’s ruling People’s Power Party have expressed strong objection to his martial law declaration, but it was unclear how many of them would join the opposition if the proposal was brought up for a vote.
Yun was already facing demands for impeachment and a special investigation into a scandal involving his wife.
Is there a need for votes in Parliament?
If Parliament votes to impeach, the President is suspended from exercising his powers pending the outcome of an impeachment trial conducted by the Constitutional Court. The Prime Minister serves as the leader in an executive capacity.
The Constitutional Court hears oral arguments from the chair of the Parliament’s Justice Committee and the public official or his legal advisor.
The Court has up to six months to confirm the impeachment or reject the motion by a vote of six of the nine justices.
The court currently has six sitting judges and three vacancies to be filled. It has eliminated the need for seven judges to deliberate on cases, but it was unclear whether it would consider an impeachment motion without the full nine judges.
What will happen if the President is removed from office?
New presidential elections must be held within 60 days.
The same applies if Yun resigns – the prime minister takes over in an executive capacity and a new election is held within 60 days.
In May 2017, a presidential election was held following the Constitutional Court’s decision to confirm the impeachment of then-President Park Geun-hye on March 9.
The daughter of an assassinated president is the only president to be impeached.
Park was the first democratically elected leader to be removed from office, accused of colluding with a confidant in an influence peddling scheme and abusing the authority of her presidency.
Parliament voted to impeach him in December 2016, with some members of his own conservative party voting in favor.
Park is the daughter of former President Park Chung-hee who was assassinated in 1979.
He was later tried separately on criminal charges and sentenced to 20 years in prison. He served almost five years of his sentence before being released on medical grounds and then 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 high public official.
The motion was rejected by the Constitutional Court and Roh was reinstated for a full five-year term.
(This story has not been edited by NDTV staff and is auto-generated from a syndicated feed.)
