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SEOUL:
South Korean President Yoon Suk Yeol is facing the threat of impeachment, with opposition lawmakers accusing him of violating his constitutional duty and committing a crime akin to treason when he declared martial law on Tuesday.
Yoon lifted the martial law declaration before dawn on Wednesday, just hours after the opposition-controlled parliament rejected his attempt to ban political activities and censor the media.
Below are details about the presidential impeachment trial and the former presidents who have been impeached.
What is the law?
The Constitution provides that parliament can bring a motion of impeachment against the president or other senior government officials if they are believed to have “violated the Constitution or any law in the performance of official duties.”
The motion to impeach the president needs a two-thirds majority of the members of the unicameral parliament to pass. A simple majority is needed to remove other officials.
The Constitutional Court conducts a trial to confirm or reject the impeachment motion, and hears evidence from parliament to determine whether the president broke the law.
Does the opposition have the votes?
Parliament is currently controlled by the main opposition Democratic Party, which has vowed to oust Yoon. The party and other smaller parties have 192 seats, just short of the 200 needed to oust the president.
Some members of Yoon’s ruling People Power Party have strongly objected to his declaration of martial law, but it was not clear whether or how many of them would join the opposition if a motion is put to a vote.
Yoon has already faced calls for impeachment and special investigation over a scandal involving his wife.
Is a vote in parliament all that is needed?
If parliament votes in favor of impeachment, the president will be suspended from exercising his powers until the outcome of an impeachment trial by the Constitutional Court. The Prime Minister serves as a leader in acting ability.
The Constitutional Court hears oral arguments from the chairman of the Parliament’s Justice Committee and from the civil servant or his legal advisor.
The Court has up to six months to confirm the impeachment by a vote of six of the nine justices, or deny the motion.
The Court currently has six sitting judges with three posts to be filled. It has waived the requirement for seven justices to deliberate cases, but it was not clear whether it would take up the impeachment motion without the full nine justices.
What happens if the president is removed from office?
New presidential elections must be held within 60 days.
The same would apply if Yoon resigns: the prime minister takes over and new elections are held within 60 days.
Presidential elections were held in May 2017 following the Constitutional Court’s ruling to confirm the impeachment of then-President Park Geun-hye on March 9.
Daughter of assassinated president is the only impeached president
Park was the first democratically elected leader to be removed from office, accused of conspiring with a confidant in an abuse of power and abusing her presidential authority.
Parliament voted to impeach her in December 2016, with some members of her own Conservative party voting in favor.
Park is a daughter of former President Park Chung-hee who was assassinated in 1979.
She was later tried separately on criminal charges and was sentenced to twenty years in prison. She served nearly five years before being released on medical grounds and subsequently pardoned in 2021.
Roh Moo Hyun
In 2004, then-President Roh Moo-hyun was impeached on charges of failing to maintain political neutrality as required of a senior official.
The motion was rejected by the Constitutional Court and Roh was reinstated for a full five-year term.
(This story has not been edited by NDTV staff and is auto-generated from a syndicated feed.)