[News Terms] 'Impeachment of State Council Members' Leading to Suspension if Passed

Minister of the Interior and Safety Sang-min Lee (frontmost). Photo by Hyunmin Kim kimhyun81@

[Asia Economy Reporter Kim Jong-hwa] A 'State Councilor (國務委員)' is a political official who assists the President and, together with the Prime Minister, forms the Cabinet. The heads of all administrative departments are State Councilors. The legal procedure in which the National Assembly files an impeachment motion demanding the dismissal of a State Councilor is called 'State Councilor Impeachment.'

According to Article 65 of the Constitution, the National Assembly can pass an impeachment motion if the President, Prime Minister, State Councilors, or other public officials defined by law violate the Constitution or laws in the execution of their duties.

An impeachment motion in the National Assembly requires the proposal of at least one-third (100 members) of the total members, and the resolution must be approved by a majority (150 members) of the total members. For the President, the impeachment motion requires the proposal of a majority (150 members) and approval by two-thirds (200 members) or more of the total members.

On the 6th, the Democratic Party of Korea proposed an impeachment motion against Minister of the Interior and Safety Lee Sang-min as part of government accountability measures for the Itaewon tragedy. The Democratic Party plans to vote on the motion in the plenary session on the 8th. Since the Democratic Party holds a majority of 169 seats in the National Assembly, it can pass the motion on its own.

If the impeachment motion is passed, Minister Lee's duties will be suspended until the Constitutional Court's impeachment trial is concluded. This carries stronger legal binding power compared to a dismissal recommendation, which the President can veto. According to the National Assembly Act, once the impeachment resolution is delivered, the President cannot accept the resignation or dismiss the impeached official. In effect, it exerts a political impact close to dismissal until the impeachment trial is completed.

Subsequently, the political calculations become more complicated. The chairman of the National Assembly's Legislation and Judiciary Committee must act as the prosecutor and file the impeachment trial with the Constitutional Court. Currently, the committee chairman is Kim Do-eup, a member of the ruling People Power Party. Although he is from the ruling party, if he does not cooperate with the additional procedures for the already passed impeachment motion, he is likely to face public criticism. On the other hand, if the Constitutional Court dismisses the impeachment motion, the Democratic Party is expected to face a serious political backlash.