Former prime minister Han Duck-soo assumed the role of acting president pending the Constitutional Court's decision on whether to remove Yoon from office. An earlier impeachment motion was put to a parliamentary vote on 7 December 2024 but failed because the number of attending legislators did not meet the quorum required for its passage, as members of the ruling People Power Party (PPP) boycotted the vote.
The motion marks the third impeachment of a South Korean president: Roh Moo-hyun was impeached in 2004 but acquitted by the Constitutional Court, while Park Geun-hye was impeached in 2016 and subsequently convicted and removed from office in 2017 after the Constitutional Court's confirmation.
Opinion polling on the Yoon Suk Yeol presidency throughout 2024 was increasingly negative. The declaration of martial law hardened these views, with many surveyed in South Korea believing Yoon should resign voluntarily or that he should be formally removed from office. Hundreds of thousands attended protests against government actions throughout December.
Only one Korean president, Park Geun-hye, has been removed from office through impeachment, which occurred in 2017.[2]Roh Moo-hyun was impeached in 2004 on accusations of illegal electioneering, incompetence, and economic mismanagement. However, the Constitutional Court cleared him of two infractions and deemed the remaining charge not serious enough to warrant removal, allowing him to remain in office.[3]
Impeachment procedure
The procedure for impeachment is set out in the 10th Constitution of South Korea in 1987. Article 65, Clause 1, specifies that the National Assembly may impeach the president, prime minister, or other state officials if they violate the constitution or other laws while performing official duties.[4][5]
For an impeachment motion against a sitting president to pass, a two-thirds majority of the National Assembly – 200 out of 300 members – must vote in favor.[6] Once passed, the individual is immediately suspended from their duties pending a ruling by the Constitutional Court of Korea. The scope of impeachment is limited to removal from public office, with no further penalties imposed through this process.[7]
According to the Constitutional Court Act passed in 1988, the Constitutional Court must render a decision within 180 days after it receives any case for adjudication, including impeachment cases. If the respondent has already left office before the decision, the case is dismissed.[7] Formal removal of the president requires six of the nine justices voting in favor; due to three vacancies, all six justices would have to vote to remove him. Article 23 of the Constitutional Court Act requires at least seven justices for deliberation.[6]
If the National Assembly impeaches the president, the president is immediately suspended from office, with the prime minister assuming the role of acting president. In the event of the president's resignation or removal by the Constitutional Court, an early presidential election is required to be held within 60 days. During this interim period, the prime minister continues to serve as acting president until the election of a new president.[6]
In July 2024, an online petition started on the National Assembly's website calling for Yoon's impeachment gathered over a million signatures, with all petitions with over 50,000 signatures required under law to be reviewed by a parliamentary committee. The website crashed, with over 22,000 people concurrently waiting to access the website with an estimated wait time of 30 minutes.[8][9] In November 2024, over 3,000 professors and researchers at various universities signed a letter asking Yoon to resign.[10][11] One interviewer speculated that the letter had received the highest number of signatures from academics since protests during the Park Geun-hye administration.[10] On 28 November, 1,466 South Korean Catholic priests also called for Yoon to be impeached, issuing a statement titled "How could a person be like this" (어째서 사람이 이 모양인가), which claimed that he is a puppet of private interests who has no idea what he does or who he is and who had handed over the authority entrusted to him by the people to his wife.[12]
On 3 December, Yoon declared martial law in South Korea, stating that martial law was necessary to defend the country from anti-state forces. Military and police forces attempted to prevent legislators from entering the National Assembly Proceeding Hall, causing clashes between the security forces, protesters, and legislative aides. All 190 legislators who were present in the chamber unanimously voted to demand the lifting of martial law, forcing Yoon to lift martial law around 04:00 KST on 4 December.[2]
Following an emergency meeting of the PPP, its leader, Han Dong-hoon, initially announced the party's unanimous opposition to the impeachment efforts.[14][15][16] However, on 6 December, Han revealed that the PPP had received evidence indicating that Yoon had ordered Defense Counterintelligence Commander Yeo In-hyung to arrest key politicians, including Han himself,[17] on "anti-state charges" during martial law and detain them in Gwacheon, prompting Han to call on Yoon to "suspend his duties soon" and warning that citizens could be in "great danger" if Yoon remained in office.[18][19][17]
Hours before the National Assembly convened on 7 December, Yoon apologized for declaring martial law, describing it as "desperate decision made by me, the president, as the final authority responsible for state affairs" and promising there would not be a second declaration of martial law.[20] He also pledged to delegate his political functions to the PPP.[21] DPK leader and main opposition leader Lee Jae-myung called the apology "disappointing" and insisted on Yoon's resignation or impeachment.[22] He also criticized Yoon's power-sharing arrangement with the PPP as "destroying the constitutional order",[23] while DPK Floor Leader Park Chan-dae called the arrangement a "second coup".[24] Prior to the impeachment vote, a motion was discussed on whether to launch a special counsel investigation on Yoon's wife Kim Keon-hee but ultimately failed due to opposition by the PPP.[25]
Ahn Cheol-soo was the only PPP lawmaker to not leave the chamber before voting.
Kim Yea-ji [ko] was one of two PPP lawmakers who left the chamber but later returned.
Before voting began, all PPP lawmakers except one, Ahn Cheol-soo, left the voting chamber, meaning the bill would be unlikely to pass.[26] This came amid the possibility of PPP lawmakers deviating from the party's position through the secret balloting process.[27]Kim Yea-ji [ko] left but later returned;[28][29]Kim Sang-wook [ko] returned to vote but said he voted against impeachment.[30] Protesters attempted to block the exits of the National Assembly Proceeding Hall as PPP lawmakers left, calling the leaving lawmakers "cowards" and encouraging them to vote.[31]Rebuilding Korea Party lawmaker Kim Joon-hyung said that he expected voting to go on until 00:00 KST on 8 December at the latest;[32] the deadline to vote was 00:48 KST, three days after the motion was introduced.[33]
National Assembly Speaker Woo Won-shik closed voting early at 21:20 KST and initially announced the start of counting shortly after, but then announced that votes would not be counted due to failing to reach the quorum, with only 195 members present of the 200 needed.[34][35]
Between motions
Following the first impeachment motion, PPP Leader Han Dong-hoon said that the PPP would continue to "push for the president's orderly retreat to minimize chaos",[36] while PPP Floor Leader Choo Kyung-ho resigned, saying that he would take responsibility for "the third presidential impeachment vote in [South Korea's] constitutional history".[37] Prime Minister Han Duck-soo (Independent) said that he would "make all-out efforts to promptly stabilize the current situation".[38] The DPK said that it would continue to file impeachment motions against Yoon on a weekly basis.[39]
On 8 December, former Defense Minister Kim Yong-hyun was arrested by prosecutors on suspicion of committing insurrection by advising President Yoon to declare martial law and sending troops into the National Assembly to seize the legislature.[40][41] That same day, Han Dong-hoon said that the PPP had "effectively obtained (Yoon's) promise to step down" in exchange for the party blocking his impeachment.[42] A PPP special task force proposed that Yoon leave office in February or March 2025 and called for a snap presidential election to be held in April or May.[43]
On 10 December, the National Assembly passed a bill creating a permanent special counsel to investigate Yoon on charges of treason relating to his martial law declaration. The motion passed with 210 MPs, including 23 PPP members, in favor after the party allowed its members to vote according to their individual decision.[44] On 12 December, Yoon issued a statement vowing to "fight to the end", resisting the push for his resignation.[45] Following Yoon's statement, Han Dong-hoon called for Yoon's impeachment and convened an ethics committee to discuss Yoon's expulsion from the PPP.[46]
Second motion
Second motion to impeach Yoon
Choice
Votes
Y Yes
204 (68%)
N No
85 (28.3%)
Abstentions
3 (1%)
Invalid
8 (2.7%)
Not voting
0
Impeachment successful
The DPK filed its second motion to impeach Yoon on 12 December, with the vote scheduled for 14 December 2024.[47]
Prior to the vote, seven PPP lawmakers expressed their intention to participate,[48] including Ahn Cheol-soo, Kim Yea-ji and Kim Sang-wook, who participated in the previous voting, as well as Bae Hyun-jin, who had not expressed her intentions in the next vote. On 10 December, Kim Sang-wook, who voted against the impeachment motion, announced that he would support impeachment and apologized for his previous decision.[49][50]
Before the vote began on 14 December, Han Dong-hoon announced that while his party opposed impeachment, it would engage in the vote, encouraging lawmakers to vote "according to their conscience and beliefs rather than following partisan interests".[51] Shortly after 16:00 KST, with six PPP members present, speaker Woo Won-shik announced the beginning of the vote, saying "I hope every one of you will participate in the vote".[52][53]BBC News described the second vote as "a stark contrast from last weekend", citing the lack of a PPP boycott.[54]
The National Assembly voted to impeach Yoon, with 204 of 300 lawmakers supporting impeachment.[57] Among those who voted in favor were 12 members of the PPP, exceeding the seven who had previously stated their intention to do so. Eighty-five lawmakers voted against impeachment, while three others abstained. Eight votes were classified as invalid.[58] Shortly afterwards, Yoon's suspension from the presidency went into effect at 19:24 KST,[59] after his office received a copy of the impeachment resolution.[60]
Aftermath
Following the passage of the second impeachment motion, Yoon addressed the nation, acknowledging his suspension while pledging to "do my best for the nation until the end".[61] Five members of the PPP's Supreme Council resigned to take responsibility for its approval, prompting the formation of an emergency response committee system to lead the party in accordance with its regulations.[62] On 16 December, PPP leader Han Dong-hoon also resigned, acknowledging that Yoon's impeachment was "painful" while stating that he did not regret supporting it.[63] The DPK said that the motion's success was "a historic victory for democracy" and pledged to continue investigating Yoon for declaring martial law.[64]
With Yoon's suspension as president, his prime minister, Han Duck-soo became acting president. Amid Han being asked by police for questioning in its investigation of martial law, DPK leader Lee Jae-myung said that the party would not move to impeach Han for the time being to avoid "confusion in state affairs". Lee also called for the formation of a consultative body between the National Assembly and the government to stabilize state affairs.[65] On 20 December, both the PPP and the DPK agreed to a proposal by Speaker Woo Won-shik creating a joint consultative body to discuss issues regarding national security and the economy.[66]
Aside from Yoon, several officials were either impeached or threatened with impeachment over their involvement in the declaration of martial law. These include Defense Minister Kim Yong-hyun,[67] who resigned on 5 December,[68] and Interior Minister Lee Sang-min, whose impeachment motion was filed by the DPK on 7 December.[69] Lee resigned the next day on 8 December.[70][71] On 12 December, the National Assembly passed impeachment motions against Justice Minister Park Sung-jae and National Police Agency Commissioner Cho Ji-ho.[72]
After Yoon's impeachment, the DPK announced that it would be taking legal action against Yoon's chief legal adviser Seok Dong-hyun after he denied at a press conference on 19 December that Yoon intended to have politicians arrested during martial law and downplayed the incursion of soldiers into the National Assembly.[73]
On 24 December, the DPK said that it would seek to impeach acting president Han Duck-soo for vetoing two special counsel bills that sought to investigate President Yoon and his wife Kim Keon-hee over his martial law declaration and charges of corruption.[74] The motion was filed on 26 December,[75] with the plenary vote scheduled on 27 December.[76] Prior to the vote on 27 December, Speaker Woo Won-shik determined that a simple majority would suffice to impeach Han, as opposed to a two-thirds majority to impeach a president. The impeachment motion passed, with 192 MPs voting in favor and Han accepting the outcome.[77]
Constitutional Court trial
The Constitutional Court of Korea has 180 days from the passage of the impeachment motion to review it. The court is currently composed of only six justices, as three recently retired and have not been replaced.[78] It normally has nine members and is required by law to have seven to begin hearings.[79] In addition, two of the six justices have tenures ending within the mandated review period in April 2025, causing additional concerns over quorum.[80] Debates have arisen in the National Assembly on whether acting president Han Duck-soo is entitled to fill the vacant seats, with the DPK supporting it[81] and the PPP opposing it on the grounds that an acting president can only appoint justices only in the event of a presidential vacancy, not a suspension of duties.[82] Yoon's impeachment became the eighth impeachment case in 2024 alone received by the court – the highest number in a single year in South Korean history.[83]
The impeachment motion was submitted to the court on 14 December 2024, and proceedings began on 16 December,[84] with the court calling the case a "top priority".[85] On 16 December 2024, the court announced that trial would proceed with six justices.[86] The identity of the presiding justice, typically undisclosed, was revealed to be Justice Jeong Hyeong-sik, a Yoon appointee, due to the gravity of the case.[78][87] Former Korea Communications Commission chair Kim Hong-il was announced as the head of Yoon's legal defense team, while National Assembly Legislation and Judiciary Committee Chair Jung Chung-rae will serve as the impeachment prosecutor.[88] On 26 December, the National Assembly approved a motion to fill the three vacancies in the Constitutional Court, with the PPP not participating in the confirmation vote. However, Acting President Han Duck-soo refused to appoint the nominees, citing the need for a bipartisan consensus. In response, the DPK filed an impeachment motion against Han that same day,[89] which passed in the plenary vote on 27 December, resulting in Han's duty as acting president being suspended.[77] On 31 December, acting president Choi Sang-mok appointed Jeong Gye-seon and Cho Han-chang to the Constitutional Court as part of efforts to fill up the vacancies.[90]
The first preparatory hearing for the case was held 27 December 2024, with the next hearing scheduled on 3 January 2025. The National Assembly was represented in the trial by DPK lawmaker Jung Chung-rae, who is the chair of the assembly's legislation and judiciary committee.[91] Yoon's defense team comprised Bae Bo-yoon, a former Constitutional Court scholar and spokesperson during the impeachment trial of former president Park Geun-hye; Yun Gap-geun, former head of the Daegu High Prosecutors' Office; Bae Jin-han, a former judge and Yoon's classmate at Seoul National University School of Law; and Kim Hong-il, former head of the Korea Communications Commission.[92]
Under the constitution, if the impeachment is upheld, the president is permanently removed from office and a new presidential election must be held within 60 days of removal. If the court takes the full 180 days to decide and removes Yoon from office, a new election will take place by 11 August 2025 at the latest.
Popular reactions
While the session for the first impeachment motion was underway, the crowd outside the National Assembly demanding Yoon's removal and insisting that PPP lawmakers participate in the impeachment vote was estimated to be in the hundreds of thousands,[93] with some attempting to scale the walls and police barricades.[94] On 5 December, phone numbers of PPP lawmakers were released online, leading to a wave of text messages from the public urging them to support Yoon's impeachment, which continued after the impeachment motion failed. One MP, Shin Sung-bum, said that he had received 10,501 messages by 9 December.[95] After the motion failed, several PPP lawmakers' offices were vandalized, while others received funeral wreaths with messages such as "insurrection accomplices" written.[96] A box cutter was also found at the residence of MP Kim Jae-sub. A petition filed at the National Assembly website calling for the PPP's dissolution garnered more than 171,000 signatures,[97] exceeding the 50,000 needed to have the proposal submitted to the relevant standing committee.[98]
During the session for the second impeachment motion, at least 208,000 people gathered near the National Assembly in support of impeachment. Demonstrations in support of Yoon's impeachment were also held in cities nationwide, with 10,000 attending rallies in Jeonju and 30,000 others participating in Daegu.[99] At the same time, a mass rally of around 40,000 people in support of Yoon was held at Gwanghwamun Square in Seoul.[100] Trains running on Line 9 of the Seoul Metropolitan Subway avoided stopping at the National Assembly station to prevent congestion-related accidents.[101] On 13 December, some 50 Korean Americans demonstrated outside the White House in Washington, D.C. calling for Yoon's impeachment.[101]
Analysis
The Korea Times drew comparisons between Yoon's impeachment and that of President Park Geun-hye in 2017, suggesting Yoon survived the first impeachment attempt due to PPP fears that it would suffer a crushing defeat in any ensuing snap presidential election, similar to what happened to the Saenuri Party seven years earlier after Park was removed from the presidency.[102]Multiple opinion polls have shown DPK and opposition leader Lee Jae-myung maintaining a strong lead in any prospective matchup since early 2024, with the margin widening further following the martial law declaration.
Opinion polling carried out by Realmeter on 4 December 2024 found that 73.6% of respondents supported Yoon's impeachment while 24% opposed it. It also found that 70% believed that Yoon's actions constituted treason while 25% believed otherwise.[104] Another Realmeter poll released on 12 December found 74.8% of respondents supported either Yoon's immediate resignation or impeachment, while 16.2% supported the PPP's proposal of Yoon's orderly resignation.[103]
A Gallup poll released on 13 December found that Yoon's impeachment was supported by 75% of respondents and opposed by 21%. It also found that 27% of PPP supporters favored impeachment, compared to 66% opposed. Among DPK supporters, 97% supported impeachment, while 3% opposed.[105] The same poll also found Speaker Woo Won-shik emerging as the most trusted politician in South Korea for his actions during martial law and the impeachment, with a rating of 56%.[106]
After Yoon's suspension came into effect, a Realmeter poll on 19 December found that 52.6% of respondents did not regard the PPP as the ruling party, compared to 41.6% who regarded it as such. Conversely, 59.4% considered the DPK as the ruling party while 39.1% did not.[107]
On 31 December, a poll released by The Korea Times and Hankook Research and conducted from 26 to 27 December found 69% of respondents supported the upholding of Yoon's impeachment while 28% stated otherwise. It also found that support for the measure was highest among those aged 40 to 49 (90%), followed by people in their 20s (82%), 30s (77%) and 50s (70%). It also found opposition to Yoon's impeachment to be high among 56% of respondents in their 70s and 45% of those in their 60s. Support for impeachment was also expressed by 93% of those identifying as liberals, 78% among centrists and 34% among conservatives.[108] In terms of party affiliation, support for impeachment was expressed by 98% of DPK supporters and 100% of Rebuilding Korea Party supporters, while 85% of PPP supporters believed otherwise.[109] Polling by the same entities also found that 65% of respondents believed that it was necessary for all nine seats in the Constitutional Court to be filled in order hear Yoon's impeachment trial, while 31% believed otherwise.[80]
^김, 휘란 (14 November 2024). '권력 사유화 윤석열 퇴진' 고려대·국민대 교수들도 시국선언 ['Privatizing Power, Yoon Seok-yeol, Step Down' Professors from Korea University and Kookmin University Also Declare Current Affairs]. JTBC (in Korean). Archived from the original on 1 December 2024. Retrieved 28 November 2024.
^'윤석열, 사람이 어째서 그 모양인가'..천주교 사제 1466명 시국선언 ['Yoon Seok-yeol, why is he like that?' 1,466 Catholic priests declare their stance on the current situation]. MBC (in Korean). 28 November 2024. Archived from the original on 3 December 2024. Retrieved 28 November 2024.
^ ab[리얼미터] 尹 대통령 '비상계엄' 선포 사태 ① '즉시 탄핵' 74.8%, ② 계엄 트라우마 '경험 있다' 66.2% [[Realmeter] President Yoon's declaration of 'martial law' ① 'Immediate impeachment' 74.8%, ② 'Experienced' martial law trauma 66.2%]. Realmeter (in Korean). 12 December 2024. Archived from the original on 12 December 2024. Retrieved 12 December 2024.