Will Yoon Suk Yeol be impeached after martial law: A look back at South Korea’s history of impeachments

South Korean President Yoon Suk-yeol imposed martial law on Tuesday, only to revoke the order six hours later.

This unexpected move, the first instance of martial law in South Korea in over 40 years, alarmed the United States among other allies. For a brief period, the nation, with a history of military rule, was confronted with visions of its past.

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Facing growing pressure, including from members of his own People’s Power Party, Yoon revoked the order as lawmakers defied the presence of Army personnel to vote 190-0 against the move in the 300-member Parliament. Yoon now faces the possibility of impeachment.

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How many times has a South Korean president faced impeachment? Let’s take a look:

History of impeachments in South Korea

Park Geun-hye (The sole impeached President) - March 10, 2017

Park Geun-hye, South Korea’s first female president, became the first democratically elected leader to be removed from office. She was accused of colluding with a confidant in an influence-peddling scheme and misusing her presidential powers.

In December 2016, the Parliament voted to impeach Park, with some members of her own conservative party supporting the motion. She is the daughter of former President Park Chung-hee, who was assassinated in 1979.

The Constitutional Court unanimously upheld her impeachment, with all eight justices agreeing she had committed “acts that violated the Constitution and laws.” Acting Chief Justice Lee Jung-mi stated that Park’s actions had “betrayed the trust of the people and were of the kind that cannot be tolerated for the sake of protecting the Constitution.”

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Later, Park faced criminal charges, which resulted in a 20-year prison sentence. After serving almost five years, she was released on medical grounds and later pardoned in 2021.

Notably, Park had admitted to the lapses and apologised for causing “national concern.”

Roh Moo-hyun - March 12, 2004

In 2004, then-President Roh Moo-hyun was impeached on charges of failing to maintain political neutrality as required for high public officials. However, the Constitutional Court later overturned his impeachment, allowing Roh to complete his five-year term.

While the court acknowledged that Roh had violated election laws, it concluded the breach was not severe enough to justify his removal. It said, “The court found the charges of illegal electioneering was not serious or grave enough to justify the unseating of the president,” according to a report by NBC News.

The impeachment was initiated by two main opposition parties over minor electioneering violations and Roh’s alleged incompetence in failing to address corruption among his aides. Public sentiment, however, largely opposed the impeachment, with polls showing that 70% of South Koreans considered the charges politically motivated and insufficiently serious, the report said.

Will Yoon Suk-yeol be impeached?

The impeachment motion against President Yoon Suk-yeol accuses him of exceeding his constitutional authority by imposing martial law without the necessary conditions of a severe crisis. Notably, the South Korean constitution prohibits the president from using the military to suspend parliamentary functions.

The motion is expected to be voted on between Friday and Sunday. To pass, it requires the support of two-thirds of the 300-member National Assembly, or 200 votes. With opposition parties controlling 192 seats, additional backing from members of Yoon’s conservative People’s Power Party would be required.

If the motion succeeds, Yoon would be suspended while the Constitutional Court decides whether to permanently remove him from office. During this period, South Korean Prime Minister Han Duck-soo, who holds the second-highest position in the government, would assume presidential duties.

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What the law says

The Constitution allows parliament to initiate an impeachment motion against the president or other top public officials if they are believed to “have violated the Constitution or any law in the performance of official duties.”

To pass a presidential impeachment motion, it requires a two-thirds majority vote in the single-chamber parliament. Once passed, the Constitutional Court conducts a trial to determine whether the president violated the law, based on evidence provided by parliament.

Are parliament votes enough to impeach a president in South Korea?

A parliamentary vote to impeach leads to the president’s suspension from performing official duties until the Constitutional Court reaches a verdict. During the trial, oral arguments are presented by the chair of parliament’s justice committee and the public official or their legal representatives.

The Constitutional Court has up to six months to decide whether to confirm the impeachment, which requires at least six out of the nine justices to vote in favour or to reject it. Currently, only six justices are serving, leaving three positions vacant.

What is martial law?

Under South Korea’s Constitution, the president has the authority to deploy the military to maintain order during “wartime, war-like situations, or other comparable national emergency states.”

Martial law may involve measures such as suspending civil rights, including freedom of the press and assembly, and temporarily curtailing the powers of courts and government institutions.

A history of martial law in South Korea

South Korea witnessed the use of martial law during its periods of dictatorship as the country rebuilt after the 1950-53 Korean War. Leaders often invoked martial law to deploy combat troops, tanks, and armoured vehicles in public areas.

In the country’s first coup on May 16, 1961, Army Gen. Park Chung-hee led thousands of troops into Seoul during the early hours. Park ruled for nearly 20 years and declared martial law multiple times to suppress disagreement and detain critics. His regime came to an end in 1979 when he was assassinated by his spy chief.

Following Park’s death, Maj. Gen. Chun Doo-hwan launched South Korea’s second coup in December 1979, using tanks and soldiers to seize control in Seoul. In 1980, Chun led a violent military crackdown on a pro-democracy movement in Gwangju, killing at least 200 people.

By the summer of 1987, widespread protests forced Chun’s administration to agree to direct presidential elections. Later that year, Roh Tae-woo, Chun’s ally and a participant in the 1979 coup, won the election, benefiting from a split among liberal opposition candidates.

With inputs from agencies