Nation needs to be unified to brace for leadership vacuum
President Yoon Suk Yeol was suspended from his duties after the National Assembly approved a motion to impeach him for alleged treason on Saturday, a week after the initial attempt failed.
Yoon's fate now lies in the hands of the Constitutional Court, which has pledged to deliberate the case swiftly and fairly.
However, a swift and fair impeachment trial may prove difficult due to the understaffed court. Currently, there are only six justices serving out of a nine-member bench, with three seats vacant due to partisan politics. This understaffing complicates the impeachment process, and in the worst-case scenario, Yoon's impeachment trial could take longer than expected, resulting in a prolonged leadership vacuum. Yoon is the third president to face an impeachment trial. Former President Roh Moo-hyun survived the process in 2004, with the court ruling in his favor 63 days after the impeachment motion was passed. In contrast, former President Park Geun-hye's trial took 91 days before the court ruled against her.
Prime Minister Han Duck-soo’s role has become more critical than ever. Following the passage of Yoon’s impeachment motion, Han assumed the role of acting head of state on Saturday. He must demonstrate strong leadership to guide the nation back to stability, minimizing the fallout on the economy and national security.
Bipartisan cooperation is crucial for the success of South Korea's interim government. The ruling People Power Party (PPP) must collaborate closely with the main opposition Democratic Party of Korea (DPK) to resolve the ongoing political turmoil. Partisan politics at this critical juncture will only lead to dire and irreversible consequences. In particular, the role of the DPK, as the largest party controlling the Assembly, is more important than ever. It must move beyond the practice of opposing for opposition's sake and transform into a responsible and trustworthy party. The nation's future depends on the actions it takes to restore stability and normalcy.
Another significant challenge for Han’s interim government is the fractured social fabric of the nation. The country is deeply divided, as evidenced by two massive rallies on Saturday — one in central Seoul and the other near the National Assembly in Yeouido. Protesters near the National Assembly rallied for Yoon’s impeachment, while demonstrators in central Seoul protested in defense of the president. The two groups were sharply polarized following the impeachment motion’s approval, with the pro-impeachment crowd cheering and the pro-Yoon crowd chanting for the purge of “North Korea followers.” These rallies are expected to continue until the Constitutional Court makes its ruling on Yoon’s fate. The interim government must ensure that both groups can exercise their freedoms of expression and assembly peacefully, without clashes. Failing to do so could lead to significant social unrest.
The uncertain future of Yoon’s impeachment is another risk Han’s interim government must navigate. The Constitutional Court typically consists of nine justices: three appointed by the president, three by the Supreme Court’s chief justice and three by the National Assembly. According to the law, the court can deliberate and rule on impeachment cases only when at least seven of the nine justices are present. With three seats currently vacant, the court has only six justices.
The vacancies stem from the retirement of three justices, including former Chief Justice Lee Jong-seok, whose successors have not yet been appointed due to partisan gridlock. The retired justices were appointed by the National Assembly. Therefore, the PPP and the DPK nominated one and two candidates, respectively, to fill three seats. To facilitate the impeachment trial, the rival parties plan to start holding confirmation hearings for the three candidates on Dec. 18. Once the hearings are completed, their appointment motions will be presented to the National Assembly for a vote. If the motions are approved, the president is supposed to appoint the new justices.
However, with Yoon suspended from office, the question arises: can the prime minister appoint them on behalf of the president? A similar issue arose in January 2017 during the impeachment of then-President Park Geun-hye, when the chief justice retired, leaving a seat vacant. The court proceeded with deliberations with eight justices despite the vacancy, as the DPK had rejected filling the position. The DPK argued that an acting president could not appoint a new justice, as their role was to maintain the status quo. If this precedent is applied now, the court will proceed with the remaining six justices, and all must agree on Yoon’s impeachment. Otherwise, the motion will be rejected.
Han’s interim government faces numerous challenges as it leads the nation through this uncertain period. Efficient leadership will be critical to navigating the risks and ensuring the country can successfully overcome these turbulent times.