SEOUL (Reuters)

South Korean President Yoon Suk Yeol is facing potential impeachment. Opposition lawmakers accuse him of constitutional violations and treason after declaring martial law on Tuesday.

Yoon rescinded the martial law declaration early Wednesday after opposition-controlled parliament rejected his ban on political activity and media censorship.

Impeachment Process Explained

What is the Law?

The Constitution allows parliament to file an impeachment motion against the president if he or she is believed to have violated the Constitution or laws while performing official duties.

A two-thirds majority vote in parliament is necessary to pass a presidential impeachment motion, whereas a simple majority suffices for other officials. The Constitutional Court will evaluate evidence to decide if there was a violation of the law.

Does the Opposition Have the Votes?

The main opposition Democratic Party, which is committed to impeaching Yoon, holds 192 seats—just short of the 200 needed for impeachment. Some members from Yoon’s ruling People Power Party oppose his martial law declaration, but it’s uncertain how many may support the opposition during a vote.

Calls for impeachment and investigations related to a scandal involving Yoon’s wife were previously made.

What Happens After Parliament Votes?

If parliament impeaches the president, he is suspended until the Constitutional Court trial concludes, with the prime minister taking on the role of acting leader. The Court hears arguments from parliament and the official's legal counsel. It has six months to confirm with a six out of nine justices' vote or reject the motion. Currently, the Court has only six justices, which may affect proceedings.

Consequences of Removal

If Yoon is removed, a new election occurs within 60 days. The same applies if he resigns; the prime minister serves in an acting capacity until the new election. A notable precedent is the May 2017 election after the court confirmed former President Park Geun-hye's impeachment.

Historical Context: Park Geun-hye's Impeachment

Park, the first democratically elected leader ousted from office in South Korea, was impeached in December 2016 for abuse of authority and influence peddling. She was sentenced to 20 years in prison but released for medical reasons and pardoned in 2021.

Roh Moo-hyun's Impeachment

In 2004, President Roh Moo-hyun faced impeachment for not maintaining political neutrality, but the Constitutional Court rejected the motion and he completed his term.