[News Terms] What Is the Difference Between the Opposition's 'Dismissal Recommendation' and 'Impeachment' Targeting Lee Sang-min?

Minister of the Interior and Safety Sang-min Lee attended the plenary meeting of the Special Committee on Budget and Accounts for Non-Economic Sectors held at the National Assembly on the 15th of last month, rubbing his eyes as if tired during the meeting. Photo by Dongju Yoon doso7@

[Asia Economy Reporter Kang Juhee] The Democratic Party of Korea, which has been demanding the resignation of Minister of the Interior and Safety Lee Sang-min over responsibility for the Itaewon tragedy, is escalating its aggressive stance by even pulling out the 'recommendation for dismissal' and 'impeachment' cards. The Democratic Party plans to file an impeachment motion if President Yoon Seok-yeol does not accept the dismissal recommendation passed by the National Assembly. However, the reason the Democratic Party is not going straight to impeachment but first going through the dismissal recommendation, which President Yoon can simply reject, is partly due to the significant political burden if the impeachment is dismissed, and also because it is judged to be more effective in terms of pressure on the ruling party.

If Yoon rejects dismissal recommendation, it has no effect... but it can justify impeachment
If impeachment passes, it effectively means 'removal'... risk of backlash if Constitutional Court dismisses

Regarding the dismissal recommendation of a Cabinet member, Article 63 of the Constitution stipulates that "The National Assembly may recommend the dismissal of the Prime Minister or a Cabinet member to the President." It requires the proposal of at least one-third (100 members) of the total members of the National Assembly and approval by a majority (150 members). Currently, the Democratic Party holds 163 seats, well over half of the 300 seats in the National Assembly, so it can pass the motion on its own.

Once a dismissal recommendation is proposed, the Speaker of the National Assembly must hold a vote within 72 hours after 24 hours have passed since the motion was reported to the plenary session. If the vote does not take place, the dismissal recommendation is discarded. Even if the dismissal recommendation passes in the National Assembly, the President has the authority to reject it. Previously, President Yoon exercised his veto power against the dismissal recommendation for Foreign Minister Park Jin, which had passed the National Assembly. The dismissal recommendation has no legal binding force and cannot practically force Minister Lee to resign.

The impeachment motion requires the same proposal and voting conditions as the dismissal recommendation, so the Democratic Party can also pass it alone. However, the effect of impeachment is stronger than that of a dismissal recommendation because it has legal binding force regardless of the President's will. Once the impeachment motion is passed by the National Assembly, the impeached official's duties are immediately suspended until the Constitutional Court's decision. In effect, the impeachment trial has a political impact close to removal from office.

However, it is widely viewed as practically difficult to go beyond the impeachment trial process at the Constitutional Court after the impeachment motion passes the plenary session. Legally, the chairman of the Legislation and Judiciary Committee of the National Assembly acts as the prosecutor to request the Constitutional Court to conduct the impeachment trial. Currently, the committee chairman is Kim Do-eup of the People Power Party, who is unlikely to cooperate with such procedures. Also, if the Constitutional Court dismisses the impeachment motion, the Democratic Party may face a backlash.

Joo Ho-young, floor leader of the People Power Party (left), and Park Hong-geun, floor leader of the Democratic Party of Korea, are leaving the Speaker's office at the National Assembly in Yeouido, Seoul, after a meeting of floor leaders hosted by the Speaker of the National Assembly on the morning of the 1st. [Image source=Yonhap News]

First, the Democratic Party has declared that if President Yoon does not accept the dismissal recommendation, it will push forward with impeachment. On the 1st, Democratic Party floor leader Park Hong-geun said at a policy coordination meeting held at the National Assembly, "We will pass the dismissal recommendation, and if it is still rejected afterward, we will file an impeachment motion to settle the accountability of Minister Lee within this regular session of the National Assembly."

There is an analysis that the Democratic Party's intention to handle the dismissal recommendation first, which has no binding force, rather than going straight to the effective impeachment, is because it is judged to be a more effective card to pressure the ruling party. If President Yoon does not accept it, it could become another burden for the ruling party. Also, it seems there is a calculation that if President Yoon rejects the dismissal recommendation, it can also justify impeachment.

However, the Democratic Party's plan to handle Minister Lee's dismissal recommendation on the 1st failed as Speaker Kim Jin-pyo refused to convene the session. Speaker Kim also refused to convene the plenary session scheduled for the 2nd. He sided with the People Power Party, which prioritized the budget bill, whose legal deadline was approaching, over the dismissal recommendation. On that day, Speaker Kim issued a statement apologizing to the public for failing to process the budget bill as the Speaker of the National Assembly and announced that plenary sessions would be held on the 8th and 9th. Accordingly, the Democratic Party is expected to attempt to handle Minister Lee's dismissal recommendation at the plenary sessions on the 8th and 9th.