Opposition Predicts Impeachment... South Korean Prime Minister, 'First in Line for Acting Authority,' Also at Risk

Yoon to Transition to Han Deok-su Administration if Impeached on the 14th
Conflicting Interpretations on Whether Imprisonment Constitutes an 'Accident'
If Even the Korean Prime Minister Is Impeached, Cabinet Members Will Act as Interim

If President Yoon Suk-yeol's execution of duties is suspended, Prime Minister Han Duck-soo, who is the 'first in line for acting authority,' will also become the subject of investigation. The investigative authorities judge that he is a suspect involved in the conspiracy of insurrection. The opposition has already announced impeachment against Prime Minister Han Duck-soo as well, so an unprecedented chaos is expected in which even the acting authority system collapses.

According to the government and legal circles on the 11th, Article 71 of the Constitution stipulates that in the event of a vacancy or accident of the president, the Prime Minister and then the State Council members in the order prescribed by law shall act on behalf of the president's authority. If the Prime Minister's position is also vacant, the Deputy Prime Minister and State Council members will perform the acting authority according to the order specified in Article 26 of the Government Organization Act.

First, if the National Assembly passes the impeachment motion against President Yoon Suk-yeol on the 14th, Prime Minister Han Duck-soo will immediately become the acting authority. The acting authority system will be maintained until the Constitutional Court decides on the impeachment trial. If the impeachment is finally accepted, the presidency will be in a 'vacancy' state, and a new president must be elected within 60 days.

Looking at precedents, during the impeachment motion against President Park Geun-hye in 2016, Prime Minister Hwang Kyo-ahn served as the acting authority. Earlier, in 2004, Prime Minister Go Gun acted due to the impeachment of President Roh Moo-hyun. At that time, most presidential powers were succeeded, but major decisions such as issuing emergency orders without the consent of the National Assembly were restricted.

The problem is that the current situation is judged to be equivalent to 'insurrection,' unlike in the past. In President Yoon's case, it is pointed out that the transition to acting authority due to detention should be considered even before deciding on the impeachment motion.

The prosecution investigating the emergency martial law situation, while detaining former Minister of National Defense Kim Yong-hyun, pointed to President Yoon as the de facto 'ringleader of the insurrection.' Even if President Yoon is detained, as long as he maintains his status as the incumbent president, it is difficult to regard the position as 'vacant.' Legal circles are divided on whether it should be considered an 'accident.'

The next step is additional impeachment against the Prime Minister. The Democratic Party plans to remove Prime Minister Han as well, viewing those who attended the Cabinet meeting convened just before the declaration of emergency martial law as 'accomplices in the insurrection.' In this case, the acting authority system will be succeeded in order by Deputy Prime Minister and Minister of Economy and Finance Choi Sang-mok, Deputy Prime Minister for Social Affairs and Minister of Education Lee Ju-ho, and so on.