Why is South Korea’s acting president facing impeachment?

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South Korea's Acting President Faces Impeachment Over Refusal to Appoint Constitutional Court Judges

South Korea's acting president, Han Duck-soo, is facing an impeachment motion filed by the opposition due to his refusal to appoint three nominees to the Constitutional Court. This refusal is seen as obstructing the process to permanently remove President Yoon Suk Yeol from office, who was suspended on December 14 after declaring martial law on December 3. The opposition Democratic Party contends that Han's actions demonstrate a lack of commitment to constitutional principles.
Obstruction of Presidential Impeachment Proceedings

The core of the impeachment motion against Han Duck-soo stems from his decision not to approve the appointments of three judge nominees for the nine-member Constitutional Court. President Yoon Suk Yeol's impeachment process, initiated by parliament, requires a ruling from the Constitutional Court to be finalized. By withholding these appointments, Han is perceived by the opposition as deliberately stalling the procedure necessary to uphold the parliamentary decision to remove Yoon.
Constitutional Court's Crucial Role and Potential Unanimity Requirement

The composition of the Constitutional Court is critical for the final decision on President Yoon's impeachment. If the court proceeds without the three additional judges, the remaining six judges would need to reach a unanimous decision to uphold Yoon's removal. The absence of these three nominees, therefore, significantly raises the stakes, as a single dissenting vote among the current six judges would result in Yoon's reinstatement, a scenario the opposition seeks to prevent.
Han Duck-soo's Stance on Consensus and Presidential Prerogative

Han Duck-soo has stated that he will only certify the judges' appointments if a compromise is reached between the ruling People Power Party and the opposition. He has articulated that appointing members to constitutional institutions is a significant presidential power that necessitates consensus between the legislative branches, representing the will of the people. This position suggests a belief that such appointments should not be made without broad political agreement.
Precedent-Setting Impeachment and Succession

Should the impeachment motion against Han Duck-soo pass, it would represent a significant historical event as the first instance of an acting president being impeached in democratic South Korea. In the event of Han's impeachment, the Finance Minister, Choi Sang-mok, would assume the role of acting president, further complicating the ongoing political crisis.

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Why is South Korea’s acting president facing impeachment?

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