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South Korean court overturns impeachment of Prime Minister Han Duck-soo, reinstating him as acting president

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On Monday, South Korea’s Constitutional Court reversed the impeachment of Prime Minister Han Duck-soo, reinstating him as the acting leader of the country.

However, the court has yet to decide on the separate impeachment of President Yoon Suk Yeol. Many analysts believe that the ruling does not provide significant insight into the forthcoming decision on Yoon, as Han was not a central figure in Yoon’s declaration of martial law. Nevertheless, this outcome may strengthen Yoon’s loyal supporters and intensify their political campaign against the opposition.

Han stepped into the role of acting president after Yoon, a conservative, faced impeachment from the liberal opposition-led National Assembly due to his imposition of martial law on December 3, which sparked a major political crisis. Subsequently, Han was impeached by the assembly in late December amid ongoing tensions with opposition lawmakers.

The unusual and consecutive impeachments that led to the suspension of the nation’s two highest officials have heightened internal divisions and raised concerns about the country’s foreign relations and economic stability. Since then, Choi Sang-mok, the deputy prime minister and finance minister, has been acting as president. On Monday, seven out of the eight justices on the court either overturned or dismissed Han’s impeachment. They determined that the charges against him were either not illegal or not severe enough to warrant his removal from office, and that the impeachment motion did not meet the necessary quorum when it was passed in the assembly. Only one justice supported Han’s impeachment. Dismissing Han would have needed the support of at least six court justices.

After his reinstatement, Han informed reporters that his primary focus would be on the “most pressing issues,” particularly the rapidly evolving global trade landscape, likely alluding to the aggressive trade strategies of the Trump administration. He emphasized the need for national unity, stating, “There’s no left or right — what truly matters is the progress of our nation.” The court has yet to decide on Yoon’s impeachment. Should the court affirm Yoon’s impeachment, South Korea needs to hold a presidential election. If the outcome supports Yoon, he will be restored to power and regain his presidential authority.

Yoon’s impeachment occurred approximately two weeks before Han’s. Analysts had anticipated that the Constitutional Court would deliver a verdict on Yoon’s situation by mid-March, but a ruling has yet to be issued. Yoon has also been arrested and charged with rebellion related to his martial law declaration. If found guilty, he could face either the death penalty or a life sentence. On March 8, Yoon was released from prison after a Seoul district court permitted him to undergo his criminal trial while not in custody. Massive rival demonstrations, either supporting or opposing Yoon, Chaos has broken out in South Korea’s most populous cities, including Seoul. Reports showed that most South Koreans were against Yoon’s decision to implement martial law, but his support has since gained strength.

The controversy surrounding Yoon revolves around his decision to deploy hundreds of troops and police to the assembly following his declaration of martial law. While Yoon claims his intention is to uphold order, high-ranking military and police officials have reported that he instructed them to forcibly remove lawmakers to block a vote aimed at reversing his decree. Ultimately, a sufficient number of lawmakers were able to enter the assembly hall and successfully voted against it in a unanimous decision.

Han, a career diplomat appointed by Yoon, sought to reassure international partners and stabilize the markets during his time as acting president. A significant catalyst for the opposition’s call for his impeachment was Han’s refusal to appoint candidates to fill three vacancies on the nine-member Constitutional Court.

Restoring the court to its full strength was a delicate matter, as a decision supporting Yoon’s impeachment requires the approval of a minimum of six justices.

Choi Sang-mok, who took over from Han, appointed two new justices but decided not to fill the ninth position.

Han and Choi emphasized the crucial role of bipartisan backing in the process of appointing justices to the court. However, some critics believed they were collaborating with Yoon’s People Power Party, which sought to improve Yoon’s chances of returning to power. On Friday, the main liberal opposition party, the Democratic Party, along with a few smaller opposition groups, submitted an impeachment motion against Choi.

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