Title: South Korea’s Presidential Crisis:走钢丝之 상관lessons from a precarious transition
In the wake of President Yoon Suk-yeol’s declaration of martial law and subsequent impeachment, Acting President Han Duck-soo finds himself in a delicate situation, one that former Prime Minister Geun-hye referred to as a "bitter ordeal" two decades ago during the impeachment of President Roh Moo-hyun. However, Han’s position is even more precarious. As the second-in-command, he failed to prevent the unconstitutional actions of the head of state, a failure that cannot be dismissed as a mere "political sin."
While the Democratic Party seems to have the upper hand, throwing around terms like "complicity in an internal uprising" and "antecedent impeachment," the international community’s response should give them pause. Major powers, including the G10 nations, have not witnessed a scenario where both a president and their acting counterpart face impeachment. The United States has openly expressed its support for Han’s administration, and he has maintained close relations with the Japanese Prime Minister.
The debate surrounding the required majority for impeachment—whether it’s two-thirds of the entire membership or a majority of those present—rages on. However, the composed leadership displayed by Speaker Kim Jin-pyo during the lifting of the martial law is a reminder that impeaching the acting president could lead to a government collapse. The domino effect of "acting presidents" is a scenario best left undeployed.
Yet, dismissing Han as merely walking a tightrope would be an oversight. Although he serves at the pleasure of the President, he is not under the President’s command. He is not affiliated with any political party. In this unprecedented transitional chaos, Han wields an independent authority, akin to a president in all but name.
The Constitution does not specify the scope of power for an acting president, with most legal scholars agreeing that authority is limited to maintaining the status quo. However, this interpretation, while sound in theory, falls short in practice. Given the unpredictable nature of presidential vacancies and the associated national security crises, the Constitution’s silence on the matter could be seen as an invitation to exercise power flexibly, according to the circumstances.
The establishment of a special prosecutor’s office to probe the impeached President’s actions and the alleged involvement of his wife, Kim Keon-hee, is a pressing issue. While maintaining the status quo might imply rejecting all legal proposals, including the special prosecutor’s office, such an approach would be impractical in the current climate, where democratic values and constitutional order are under threat.
The public’s confusion over the competition between the prosecution and the police, and the Corruption Investigation Office for High-ranking Officials (CIO) in investigating the President’s allegations is understandable. The واضح Martial Law period, initiated ostensibly to prevent the President’s wife from influencing national affairs, ironically resulted in a full-blown constitutional crisis.
Han must navigate this delicate situation, skirting the divide between the " explique de j competitions between different power camps." As he is no longer simply the Prime Minister at the President’s beck and call, his role now is to stable the state and ensure a smooth transition of power, regardless of the ruling party’s future. His efforts to find a solution, whether through dialogue with opposition leaders or accepting the special prosecutor’s office, will be etched in history.
Keywords: Presidential Crisis, Acting President Han Duck-soo, Constitutional Order, Special Prosecutor, Democratization
Author: Yongari, Donga.com News Editor
