Tag: impeachment

The impeachment charges against Han have been dropped which has caused him to be reinstated as the interim President:

The Constitutional Court dismissed the impeachment of Prime Minister Han Duck-soo on Monday, reinstating him as acting president in the ongoing turmoil over suspended President Yoon Suk Yeol’s brief imposition of martial law.

Han’s impeachment was dismissed in a 5-1 vote by the court’s eight justices. Two justices voted to reject the impeachment motion entirely.

The ruling came three months after the National Assembly impeached the prime minister and then acting president over his alleged role in Yoon’s Dec. 3 declaration of martial law, among other reasons.

Four of the five justices who voted to dismiss Han’s impeachment acknowledged there were violations of the Constitution and the law in his decision to defer the appointment of additional justices to the court, but noted it did not justify his removal from office.

As the only justice to uphold the impeachment, however, Justice Chung Kye-sun said the violations were “serious” enough to warrant his dismissal.

You can read more at the link, but I think people should not read too much into this dismissal as it relates to impeached President Yoon Suk-yeol. None of the justices believed that Han had anything to do with the martial law declaration:

The six justices who voted to either dismiss or uphold the impeachment said there was no evidence to back the National Assembly’s accusations that Han took proactive action to give legitimacy to Yoon’s martial law bid, such as by convening a Cabinet meeting ahead of its declaration.

For Yoon to get his charges dismissed he needed to convince the judges that his martial law declaration did not violate the ROK constitution and laws which is very different charges than what Han was facing. With Han impeachment decision now completed it will be interesting to see if the Constitutional Court releases their decision on Yoon at the end of the week.

It seems to me that if this impeachment decision is being released on Monday that Yoon’s impeachment decision will likely be later in the week:

The Constitutional Court said Thursday it will deliver its ruling on Prime Minister Han Duck-soo’s impeachment over martial law-related allegations next week.

The verdict will be announced at 10 a.m. Monday, the court said in a notice to the press, three months after he was impeached by the National Assembly over a string of allegations related to President Yoon Suk Yeol’s failed bid to impose martial law in December.

If the impeachment motion is upheld, Han will be removed from office. If it is dismissed, he will be reinstated.

Under the Constitution, the consent of at least six justices is required to uphold an impeachment motion. There are currently eight justices on the bench.

The motion against Han lists five reasons for his impeachment, including his alleged involvement in imposing martial law, his refusal to appoint additional justices to the Constitutional Court, and his refusal to promulgate two special counsel bills targeting Yoon and first lady Kim Keon Hee.

Yonhap

You can read more at the link.

If the decision is released this week it will be interesting to see if any riots happen:

The spotlight is now on the Constitutional Court as it prepares to rule on President Yoon Suk Yeol’s impeachment case. There is widespread speculation that the court will announce its final decision this week, determining whether Yoon will be reinstated or removed from office for his Dec. 3 martial law declaration.

Many observers expect the court will announce the ruling date early this week and deliver the verdict sometime between Wednesday and Friday, following the timeline of previous presidential impeachments.

Korea Times

You can read more at the link.

Korea is a country where judges tend to factor in public sentiment when making decisions. That is why you see both the DPK and PPP trying hard to court public opinon against and for Yoon before the court’s impeachment decision:

Police buses surround the Constitutional Court in central Seoul, Wednesday, to prevent violent clashes as a verdict on President Yoon Suk Yeol’s impeachment nears. Yonhap

As political gridlock deepens over the impeachment of President Yoon Suk Yeol, meaningful policy debate has all but vanished from Korea’s political landscape.

Following Yoon’s sudden release from detention last week ahead of the Constitutional Court’s ruling, both the ruling and opposition parties have escalated their rhetoric, with loud protests now dominating the National Assembly. With the Assembly’s role as a national representative body increasingly sidelined, concerns are mounting that the growing partisan conflict will not only undermine the court’s decision but further destabilize the country, according to experts.

The ruling People Power Party (PPP) said Wednesday that it would not directly confront the opposition’s escalating street protests calling for Yoon’s impeachment.

“If serious issues arise, the PPP will take collective action, just as the main opposition Democratic Party of Korea (DPK) has. However, we will not resort to street protests or hunger strikes to pressure the Constitutional Court, as the DPK is doing. Instead, we will express our stance through official parliamentary channels,” PPP floor leader Kweon Seong-dong told reporters at the National Assembly in Seoul.

However, the conservative party’s decision appears to be driven more by political strategy than policy concerns. The party seems cautious that organizing an official rally could give a platform to the more extreme voices within Yoon’s support base, potentially alienating centrist voters, whose support is already fragile.

Korea Times

You can read more at the link.

This is not much of a hunger strike considering the impeachment ruling from the Constitutional Court is imminent any day now:

Some lawmakers of opposition parties on Tuesday launched a hunger strike calling for a verdict by the Constitutional Court to officially remove impeached President Yoon Suk Yeol from office over his failed bid to impose martial law. 

A group of opposition lawmakers, including from the main opposition Democratic Party (DP), the Rebuilding Korea Party and the Progressive Party, went on the hunger strike urging the court swiftly dismiss Yoon, who was released from detention last Saturday.

Yoon’s release came as another court allowed him to stand trial without physical detention, citing some questions about the legality of investigations over his charges.

Yonhap

You can read more at the link.

I don’t think Yoon’s release is really going to impact the upcoming impeachment decision from the Constitutional Court. I think what will influence their decisionmaking is public sentiment. If public sentiment is overwhelmingly in favor of President Yoon I think it will be less likely he is convicted for impeachment:

As President Yoon Suk Yeol was released from detention on Saturday following a court decision, all attention is now channeled into how the release will affect the impeachment trial on his Dec. 3 martial law declaration, as any influence could add further complications.

The ruling People Power Party (PPP) and Yoon’s legal defense team hailed the decision as “confirmation” that there were serious violations of procedural rules throughout the investigation process, with some calling on the Constitutional Court to “correct” its own such violations before issuing a verdict on whether to formally oust the president from office.

On the other hand, the main opposition Democratic Party of Korea (DPK) played down its significance, claiming that the ruling will have “no impact” on the impeachment trial and that any procedural flaws will not reverse the fact that his martial law imposition was unconstitutional.

On Friday, the Seoul Central District Court said it approved Yoon’s request for release after determining that the prosecution’s Jan. 26 indictment of him on insurrection charges, which allowed his arrest to be extended, had come hours after the 10-day initial detention period had already expired. It did not accept the prosecution’s usual way of calculating the duration of detention.

Korea Times

You can read more at the link.

Here was a Sunday surprise for impeached President Yoon:

Impeached President Yoon Suk Yeol was released from jail Saturday, a day after a court’s ruling that allowed him to stand trial without physical detention over his failed bid to impose martial law in December.

Waving to his supporters, Yoon walked out of the Seoul Detention Center, 52 days after he was detained on charges of inciting an insurrection. However, impeachment and criminal trials against Yoon will continue. 

Yoon’s release came shortly after Prosecutor General Shim Woo-jung decided not to appeal the court’s ruling to release the suspended president. 

Bowing deeply to his supporters, Yoon arrived at his official residence in central Seoul on Saturday evening.

(Yonhap)

You can read more at the link.