Democratic Party to Hold Impeachment Vote in Plenary Session on 27th
Quorum Criteria Spark Controversy
Kwon Seong-dong Asserts "Han Deok-su Must Perform Duties"
An impeachment motion against Acting President and Prime Minister Han Duck-soo is set to proceed to a vote in the National Assembly. This unprecedented situation of an 'impeachment motion' against an acting president has arisen. Due to differing interpretations between the ruling and opposition parties regarding the quorum required for the impeachment motion's approval, political turmoil is expected to continue.
On the 26th, the National Assembly reported the impeachment motion against Acting President Han. According to regulations, the motion must be processed 24 hours after the report, so it is scheduled to be handled in tomorrow's plenary session.
Initially, the Democratic Party planned to complete the election process for three Constitutional Court justices in the plenary session, then observe whether Acting President Han would appoint them before deciding whether to proceed with impeachment. However, before the plenary vote, Acting President Han announced in a public address that he would "withhold appointments of Constitutional Court justices until the ruling and opposition parties agree and submit a proposal." This was effectively a rejection of the opposition party's final ultimatum.
Following this announcement, the Democratic Party immediately initiated impeachment procedures. Park Chan-dae, the Democratic Party floor leader, described Han's address as "an admission that he is not an acting president but an acting traitor," adding, "He exercised the most active authority by vetoing, yet absurdly refused to appoint Constitutional Court justices, which is the most formal exercise of authority." He continued, "Today, former Defense Minister Kim Yong-hyun confessed that before recommending the emergency martial law on December 3, he reported in advance to Prime Minister Han Duck-soo," and stated, "It has become clear what caused the incomprehensible actions following Yoon Seok-youl's impeachment. It is evident that Prime Minister Han lacks both the qualifications to serve as acting president and the will to uphold the Constitution."
Regarding Han's impeachment, the Democratic Party, holding 170 seats, and the Justice Party with 12 seats, have expressed support as their party stance. However, the ruling and opposition parties differ on the required quorum for approval. Article 65 of the Constitution stipulates that for the president, an impeachment motion requires "a proposal by more than half of the total members and approval by at least two-thirds of the total members of the National Assembly." For the Prime Minister and other Cabinet members, it requires "a proposal by at least one-third of the total members and approval by a majority of the total members." Without the support of the People Power Party members, who hold more than one-third of the seats (108 seats), it is impossible to secure approval by two-thirds of the total members.
For now, the National Assembly appears to be judging based on the constitutional quorum: two-thirds for the president and a majority for other officials. In this case, the impeachment motion proposed by the opposition is likely to pass. However, the Speaker's office has stated, "There has been no confirmation that the quorum for Acting President Han's impeachment is 151 votes." The quorum issue is expected to be resolved before the vote.
Given the unprecedented situation, confusion over the final legal requirement for the quorum is inevitable.
According to the opposition's plan and Article 71 of the Constitution, if the National Assembly approves the impeachment motion, Acting President Han's duties will be suspended, and the responsibilities of acting president will transfer to Choi Sang-mok, Deputy Prime Minister and Minister of Economy and Finance. In this case, the title will likely be a lengthy one, such as 'Acting President and Acting Prime Minister and Deputy Prime Minister and Minister of Economy and Finance,' according to the Constitution and the Government Organization Act. The People Power Party or Acting President Han may file a constitutional dispute or request a suspension of effectiveness. However, these are legal after-the-fact responses and do not affect the acting administration itself.
However, the quorum issue could lead to confusion. The People Power Party argues that if the impeachment of Acting President Han does not exceed two-thirds, Han should not accept it. If the quorum of two-thirds of the total members is not met, the People Power Party and others may claim procedural defects in the impeachment process. On the 24th, Kwon Seong-dong, acting party leader and floor leader of the People Power Party, said at a press conference, "Even if more than half of the National Assembly members support the impeachment motion, Acting President Han should continue to perform his duties as usual." Kwon also stated that "the reason the presidential impeachment quorum is two-thirds is because if the president, who oversees state affairs, could be impeached by a simple majority, it would risk constant political instability," and argued, "If Acting President Han is impeached by only a majority as the Democratic Party claims, then the next acting president could also be impeached by a majority, leading to political chaos."
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