President Gets Full Salary Without Working... How Much Is No Work, No Pay?[News SeolCham]

(47) No Salary Standards During Impeachment Suspension Period
Former Presidents Roh Moo-hyun and Park Geun-hye Also Received Pay
Several Bills to Limit Salary During Impeachment Introduced but Ultimately Rejected

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Amid growing calls for the impeachment of President Yoon Seok-yeol following the December 3 emergency martial law incident, controversy has arisen over the lack of related legislation that would allow for salary reduction even if the impeachment motion is passed and the president’s duties are suspended. There is criticism that the absence of regulations regarding salary during presidential suspension of duties is causing a de facto 'no work, full pay' situation to repeat. Considering the president’s annual salary and the Constitutional Court’s hearing period, it is calculated that up to a pre-tax amount of 127.44 million KRW could be received while in a suspended state.

Once the impeachment motion is passed in the National Assembly and the impeachment resolution is delivered to the Presidential Office, the president’s duties are immediately suspended. The president becomes unable to perform state affairs such as presiding over Cabinet meetings, appointing public officials, listening to and directing ministry reports, and inspecting policy sites. Additionally, constitutional powers such as ▲command of the armed forces ▲ratification of treaties ▲administrative legislative authority are transferred to the Prime Minister acting as the deputy.

Thereafter, the impeachment case moves to the Constitutional Court for hearings. Since prolonged presidential vacancy can increase national confusion, the Constitutional Court is likely to focus on the impeachment trial by forming a separate task force (TF), but a certain period is required for legal review. It took 91 days for former President Park Geun-hye and 63 days for former President Roh Moo-hyun from the National Assembly’s impeachment resolution to the Constitutional Court’s ruling.

According to Article 38 of the Constitutional Court Act, the court must deliver a ruling within 180 days of receiving the case. Based on this year’s presidential salary of 254.93 million KRW according to the National Public Officials’ Salary Regulations, and a monthly salary of 21.24 million KRW pre-tax (approximately 14 million KRW post-tax), if the Constitutional Court’s hearing is prolonged, the president could receive up to six months’ worth of pre-tax salary amounting to 127.44 million KRW (about 84 million KRW post-tax) while duties are suspended. However, no operational expenses are paid during the suspension.

The reason salary is paid despite the inability to perform duties during suspension is due to shortcomings in the current Public Officials’ Salary Regulations. Articles 28 and 29 of the regulations specify salary reductions when public officials are disciplined or removed from their positions. However, there are no separate provisions regarding salary during 'suspension of duties' due to impeachment.

Looking at previous cases where presidential impeachment motions were passed, salaries were paid during the suspension period.

Former Presidents Roh and Park had their duties suspended in March 2004 and December 2016 respectively when impeachment motions were passed. However, since only their official powers were suspended and their presidential status was maintained, their salaries continued until the Constitutional Court’s impeachment ruling. It is known that some operational expense-type payments were not made.

In the case of former Minister of the Interior and Safety Lee Sang-min, the first minister to have an impeachment motion passed, salary was also paid during the suspension period. His suspension lasted 167 days. Excluding expenses related to official duties, about five months’ worth of salary was paid. As of last year, the annual salary for ministers and equivalent public officials was 139.41 million KRW. However, former Minister Lee had expressed his intention to live without an official car and secretary during the suspension period.

Several amendments to the National Public Officials Act aiming to suspend salary payments to the president or members of the National Assembly during suspension of duties due to impeachment motions were proposed in the last National Assembly but were discarded due to the expiration of the term. Accordingly, controversy over receiving salary during suspension of duties is expected to continue.

Recently, controversy arose over claims that Lee Jin-sook, Chairperson of the Korea Communications Commission, who was impeached just three days after taking office, received about 27 million KRW in salary over two months. According to data submitted by the Korea Communications Commission to Rep. Lee Hoon-gi of the Democratic Party, Chairperson Lee received approximately 13.56 million KRW monthly for two months. On the 5th of this month, an impeachment motion led by the opposition party was passed in the National Assembly plenary session, placing Audit Board Chairman Choi Jae-hae and Seoul Central District Prosecutor Lee Chang-soo in suspended status, drawing attention to whether they will continue to receive salaries going forward.