South Korea’s Constitutional Court reinstates PM Han Duck soo as acting president

Department of Research, Studies and International News 24-03-2025

In a significant legal and political development, South Korea’s Constitutional Court has reinstated Prime Minister Han Duck-soo as acting president, overturning his impeachment in a closely watched ruling. This decision marks the latest chapter in the unfolding political crisis sparked by President Yoon Suk-yeol’s controversial declaration of martial law.

The court’s panel of eight justices ruled 7-1 in favor of dismissing Han’s impeachment, restoring him to the nation’s highest office. Meanwhile, the court continues deliberations on President Yoon’s fate, following his suspension from duty on December 3. The president had imposed martial law for a brief period, a move that led to his impeachment by lawmakers.

Among the justices, five concluded that there was insufficient justification for Han’s impeachment, despite the motion being technically valid. Two justices went a step further, arguing that the impeachment process itself lacked legitimacy, as it had not secured the necessary two-thirds majority in the 300-member legislature.

Han, aged 75, had been appointed acting president following Yoon’s impeachment on December 14. However, he soon faced suspension himself for refusing to appoint three new justices to the Constitutional Court. His reinstatement signals a crucial moment in South Korea’s governance, as the country navigates an unstable political landscape.

In a nationally televised address following the ruling, Han expressed his gratitude to the court for what he described as a “wise decision.” He emphasized the importance of unity in these turbulent times, calling for an end to political polarization. “The citizens of this nation have spoken clearly against division. Now, our priority must be to move forward and tackle the challenges ahead,” he stated.

Uncertain Future for President Yoon

Despite Han’s reinstatement, the Constitutional Court has yet to reach a verdict on whether Yoon’s impeachment will be upheld or overturned. The court has been deliberating on this issue since mid-December, and a final decision is expected within days.

According to legal provisions, at least six of the eight justices must vote in favor of Yoon’s impeachment for his removal to become permanent. If this happens, South Korea will be required to hold a presidential election within 60 days to elect a new leader.

Yoon’s legal troubles extend beyond impeachment proceedings. He is also facing serious criminal charges, including insurrection, stemming from his imposition of martial law. If convicted, he could face life imprisonment or even the death penalty, underscoring the gravity of the allegations against him.

Implications for South Korea’s Political Stability

This ongoing political drama has deeply impacted South Korea’s governance and stability. With a highly polarized political environment, the reinstatement of Han Duck-soo may offer some semblance of continuity in leadership. However, the uncertainty surrounding President Yoon’s fate leaves the country’s political landscape in flux.

As South Korea awaits the Constitutional Court’s ruling on Yoon, the outcome will likely shape the nation’s political trajectory for years to come. Whether Han’s reinstatement can ease tensions or if further upheaval lies ahead remains to be seen.