Experts on Yoon Impeachment Proposal: "The 1987 Regime Has Expired... Constitutional Reform Discussions Needed"

Repeated Impeachment Crisis Causes Social Costs
Proposals Include Parliamentary System, Presidential Re-election, and Popular Initiative
"Both Ruling and Opposition Parties Are Obsessed Only with Presidential Power"

With the impeachment motion against President Yoon Suk-yeol passed in the National Assembly, the constitutional court trial for the sitting president will proceed for the third time in constitutional history, following former Presidents Roh Moo-hyun and Park Geun-hye. There are calls to reform the 1987 constitutional system, which is characterized as a 'presidential monarchy.'

President Yoon Suk-yeol is delivering a national address at his residence in Hannam-dong, Seoul, on the 14th, the day his impeachment motion was passed by the National Assembly. December 14, 2024. [Provided by the Presidential Office. Resale and DB prohibited] Yonhap News Agency

On the 17th, Professor Han Sang-hee of Konkuk University Law School described President Yoon's impeachment motion in a phone interview with Asia Economy as "an event that most starkly revealed the limitations of the 1987 system, which is a presidential monarchy." He explained, "The 1987 system has reached the end of its lifespan. It grants too much power to the president while blocking the possibility for civil society and the public to participate in state affairs, which is why such incidents keep recurring."

Concerns have also been raised that presidential impeachments will continue to recur under the 1987 system. It is pointed out that the social costs Korea must bear will continue to increase exponentially. Lawyer Lee Chang-min, chair of the Police and Prosecutor Reform Subcommittee of the Lawyers for a Democratic Society, said, "While the impeachment crisis has a positive aspect in that it makes people interested in politics, it ultimately causes social inefficiency. The Sixth Republic has been in place for nearly 40 years. Maintaining an old system itself generates costs."

After the impeachment motion against President Yoon Suk-yeol was passed in the second impeachment vote, participants gathered in front of the National Assembly building in Yeouido, Seoul, cheered and danced. Photo by Heo Young-han

Experts agreed on the necessity of constitutional revision. Political scientist Park Sang-hoon expressed hope that even discussing constitutional revision would have a positive effect. He said, "Actually revising the constitution is not easy, but if discussing constitutional revision raises awareness of the problems inherent in the presidential system and forms a social agenda, that itself is a contribution."

There were differences in opinion regarding the method of constitutional revision. Professor Han argued for the introduction of a parliamentary system. He stated, "To broaden the avenues for public participation in politics, the parliamentary system is the most desirable alternative. If immediate implementation is difficult, we should at least pass through a 'dual executive system' where the president exists nominally as the head of state and the prime minister exercises administrative power."

On the other hand, Political Scientist Park viewed the introduction of a parliamentary system as realistically difficult. Park said, "Changing only the constitution to a parliamentary system is not the end. We need to revise all related laws, starting with the Government Organization Act and presidential decrees. It is necessary to modify the president’s term and introduce a system allowing presidential re-election so that the terms of the president and members of the National Assembly can be synchronized." Lawyer Lee also explained, "Our society has maintained the presidential system for a long time. The direct presidential election system is not without its merits. We can complement the system by enabling citizens to participate directly in politics through mechanisms like the 'citizens' initiative system,' which allows a certain number of voters to submit legislative proposals."

Speaker Woo Won-shik is signing the impeachment resolution against President Yoon Seok-yeol at the National Assembly on the 14th. Photo by Kim Hyun-min

Regarding the timing for discussing constitutional revision, there was unanimous agreement that it should be done immediately. Professor Han said, "Constitutional revision concerns the future vision of our society. It would be good to start anytime regardless of the impeachment trial process against President Yoon." Lawyer Lee also said, "The sooner, the better. The country has faced misfortune due to emergency martial law, and the people are suffering mental distress. Regardless of political calculations, constitutional revision must be pursued."

However, they were skeptical about whether the current political circles would push forward constitutional revision discussions. Political Scientist Park pointed out, "The current political circles are not in an environment to have rational dialogue about constitutional revision. The ruling and opposition parties are desperate to gain presidential power." Professor Han also said, "There has been no discussion about constitutional revision in the political circles yet, which is naturally regrettable. Opportunities to discuss constitutional revision broadly and in various fields should be provided, but the current political circles do not seem to have such intentions."

There was also an opinion that Speaker Woo Won-shik should play a key role in the constitutional revision process. Speaker Woo has consistently emphasized the need for constitutional revision at events such as this year's Constitution Day celebration and the opening ceremony of the 22nd National Assembly, promising the launch of a Constitutional Revision Special Committee. On the 19th of last month, he also launched the 'National Future Constitutional Advisory Committee' directly under the Speaker’s office. Political Scientist Park said, "Constitutional revision is one of the cards through which Speaker Woo can enhance his presence. Since the advisory committee has been launched, constitutional revision discussions will take place in the near future."