"Do Something About Kim Young-sun"... Yoon Seok-yeol and Myeong Tae-gyun Recording, Could It Be Grounds for Impeachment?

Democratic Party Releases Recording Suggesting Nomination Interference
"Not Serious Enough for Impeachment"
"The Act Itself Is Illegal... Investigation Needed"

Controversy is spreading rapidly as the phone conversation between President Yoon Seok-yeol, suspected of interfering in candidate nominations, and the so-called 'political broker' Myung Tae-gyun has been revealed. Broadly speaking, opinions have been raised that this constitutes grounds for impeachment because the president intervened in candidate nominations using his presidential background. On the other hand, there are counterarguments that it is difficult to lead to impeachment since the incident did not occur during the president's term.

Park Chan-dae, floor leader of the Democratic Party of Korea, held an emergency press conference at the National Assembly on the 31st to release the recorded phone conversation between President Yoon Seok-yeol and Myung Tae-kyun. According to the transcript, on May 9, 2022, President Yoon told Mr. Myung, "The Public Office Committee brought it to me, so since former People Power Party lawmaker Kim Young-sun has been working hard since the primary, give it to former lawmaker Kim," Park said. Photo by Kim Hyun-min

On the 31st, Park Chan-dae, the floor leader of the Democratic Party, held an emergency press conference at the National Assembly in Yeouido, Seoul, stating, "According to the conversation content obtained by the Democratic Party between President Yoon and Myung, President Yoon told Myung, 'The Candidate Management Committee brought it to me, and since Kim Young-sun has been working hard since the primary, please do something for Kim Young-sun.'" It is interpreted that President Yoon promised Myung the nomination of former lawmaker Kim Young-sun ahead of the June 2022 by-elections. According to the transcript released by the Democratic Party, Myung responded to President Yoon's remark by saying, "I will never forget this lifelong favor. Thank you."

"Only President-elect Status" vs "An Incident Occurred with Presidential Background"

The timing of the call is a key issue. President Yoon spoke with Myung on May 9, 2022. This was one day before the start of President Yoon's term on May 10 of the same year. For impeachment to occur, the public official must have committed an illegal act while performing official duties. However, at that time, President Yoon was in the status of president-elect and, strictly speaking, was not a public official. Professor Jang Young-soo of Korea University Law School points out that impeachment of the president should be approached conservatively. Professor Jang said, "At that time, President Yoon was exercising authority related to the presidential transition as president-elect," adding, "There cannot be two presidents on May 9, can there?"

On the other hand, there is also a viewpoint emphasizing that even as president-elect, one can exert influence equivalent to that of the president. Although the call regarding candidate nomination interference took place the day before the term started, the People Power Party's nomination of former lawmaker Kim was on the term start date. Attorney Ha emphasized focusing on the situation of being about to start the presidential term rather than the status of president-elect. He said, "It was not a candidate of a political party, but a nomination made as a president-elect under the Presidential Transition Act," adding, "Since the president-elect also holds a legal status, it is necessary to view this more broadly."

"Transcript Similar to Roh Moo-hyun Case" vs "If Investigation Continues, Impeachment May Follow"

President Yoon Suk-yeol is delivering a congratulatory speech at the opening ceremony of the '2024 Korea Small Business Owners Conference' held on the 31st at KINTEX in Goyang-si, Gyeonggi-do.
[Image source=Yonhap News]

There are also claims that regardless of whether President Yoon was in office, the suspicion of interference in candidate nominations does not amount to grounds for impeachment. It is explained that it is not as serious an issue as the March 15 fraudulent election, which involved ballot box swapping or bribery to secure votes. Professor Jang said, "Former President Roh Moo-hyun was impeached after making favorable remarks toward the Uri Party. Although the National Election Commission warned him for violating election neutrality obligations, the Constitutional Court did not consider it serious enough to remove him from office," adding, "President Yoon's transcript content is closer to the case of former President Roh."

However, there is also a prediction that a serious problem warranting impeachment could be discovered during the investigation process. The civic group Judicial Justice Citizens' Action reported six people, including President Yoon, First Lady Kim Keon-hee, Myung, former lawmaker Kim, Reform New Party lawmaker Lee Jun-seok, and People Power Party lawmaker Yoon Sang-hyun, to the Seoul Central District Prosecutors' Office in the afternoon on the same day, accusing them of bribery after receiving undue benefits under the Act on the Aggravated Punishment of Specific Crimes, violations of the Public Official Election Act, and other charges. Attorney Ha said, "I believe there is illegality in President Yoon's actions revealed in this transcript," adding, "If the investigation finds the audio file or secures Myung's testimony, it could lead to impeachment."