[Impeachment Q&A] Who Will Act as Interim President if Yoon's Impeachment Bill Passes?

Prime Minister Han Deok-su Acting Authority System Activated
Likely to Issue Statement and Convene Cabinet Meeting if Impeachment Passes

If the impeachment motion against President Yoon Seok-yeol is passed on the 14th, a provisional authority system centered on Prime Minister Han Duck-soo will be activated. However, since Prime Minister Han is also a suspect in the emergency martial law-related investigation, it is expected that active state administration will be difficult. It is anticipated that only the minimum authority will be exercised to 'maintain' the situation.

Prime Minister Han Duck-soo is attending and speaking at the National Intellectual Property Committee held at the Government Seoul Office in Jongno-gu, Seoul on the 12th. Photo by Jo Yong-jun

Under current law, if the president's execution of duties is suspended, the first in line to act as the authority is the Prime Minister. 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.

The transition to the provisional authority system does not occur immediately upon the passage of the impeachment motion. According to the National Assembly Act, the impeachment resolution must be delivered to the accused, President Yoon, through a notification process. Based on precedent, it is expected to take at least 2 to 3 hours from the passage. During the impeachment of former President Roh Moo-hyun in March 2004, the provisional authority system under Prime Minister Ko Gun began 5 hours later, and during the impeachment of former President Park Geun-hye in December 2016, it took 3 hours.

Once the impeachment motion is passed and the provisional authority system begins, Prime Minister Han Duck-soo will inherit all presidential powers, including command of the armed forces, treaty conclusion and ratification, and the right to request reconsideration of bills. It is known that Prime Minister Han plans to convene an interim Cabinet meeting once the provisional authority system is activated. Subsequently, each minister is expected to hold executive meetings within their respective ministries to discuss operational details.

The scope within which Prime Minister Han can act is expected to be limited. Although most powers are succeeded, major authorities such as issuing emergency orders require the consent of the National Assembly.

However, opposition parties such as the Democratic Party are also considering pushing for impeachment against Prime Minister Han. Nonetheless, if the Prime Minister, who is first in line for authority after the president, is impeached consecutively following the president's impeachment, unprecedented political chaos would be unavoidable. For this reason, even opposition parties are cautious about using the Prime Minister impeachment card.

The Democratic Party also holds the position that President Yoon's impeachment is the priority. On the same day, Roh Jong-myeon, the Democratic Party's floor spokesperson, told reporters at the National Assembly, "Today, we have decided not to mention anything other than President Yoon's impeachment," and added, "I hope you understand that it is not a situation to discuss whether to consider (Prime Minister impeachment) or not."

If impeachment is pursued against Prime Minister Han following President Yoon, the provisional authority system will be inherited in the order specified in Article 26 of the Government Organization Act by the Deputy Prime Ministers and State Council members. The order is Economic Deputy Prime Minister and Minister of Strategy and Finance Choi Sang-mok, Social Deputy Prime Minister and Minister of Education Lee Ju-ho, and Minister of Science and ICT Yoo Sang-im, among others.

Currently, the Prime Minister's Secretariat and the Office for Government Policy Coordination are on high alert regarding the vote on President Yoon's impeachment motion. To prepare for the passage of the impeachment motion, some executives and staff have been coming to the Government Seoul Office since the morning, closely monitoring the situation. It is known that no separate provisional authority team has been formed nor manuals created, as they already have experience operating the provisional authority system during the impeachments of former Presidents Roh Moo-hyun and Park Geun-hye.

Prime Minister Han is reported to stay at the Prime Minister's official residence located in Samcheong-dong, Jongno-gu, Seoul, and then move to his office at the Government Seoul Office in the afternoon to observe the National Assembly vote. Unlike on the 7th when the People Power Party did not participate in the vote and the quorum was not met, the impeachment motion is highly likely to be passed in the National Assembly on this day. If the impeachment motion is passed, Prime Minister Han is expected to make a public statement through a national address.