What's the next procedure after the president's impeachment was passed?This time, the Constitutional Court is a variable
Dec 14, 2024
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All 300 of the 300 members of the National Assembly participated in the vote on the impeachment of President Yoon, which was presented at the plenary session of the National Assembly at around 4 p.m. that day. Unlike in the first round, the power of the people was to participate in the vote with the party's theory, but decided against it.
The second impeachment motion against President Yoon was approved with 204 votes in favor, 85 against, three abstentions, and eight invalid votes. The impeachment motion will be passed only when 200 people, two thirds of the registered lawmakers (300), approve it.
As a result, President Yoon's duties will be suspended immediately. However, his status as president will be maintained until the Constitutional Court decides to impeach him.
The Constitution stipulates that when the President is vacant or unable to perform his duties due to an accident, the Prime Minister and the State Council members prescribed by law act on behalf of the President. In response, Prime Minister Han Deok-soo will take over as acting president.
After that, the Constitutional Court begins an impeachment trial. Under the Constitutional Court's law, the Constitutional Court must issue a sentence within 180 days.
Earlier, it took 91 days for former President Park Geun Hye to vote on impeachment and 63 days for former President Roh Moo Hyun.
The current variable is that three of the nine quorum judges of the Constitutional Court are vacant.
General constitutional complaints are handled by a designated court consisting of three judges, but impeachment cases are heard by all judges. It is stipulated that the impeachment decision requires the approval of six judges. In addition, more than seven judges are required to attend the case.
However, the Constitutional Court previously stated that it is theoretically possible to decide on impeachment and unconstitutionality of the law even under the six-member system. As a result, impeachment of the president is possible only when all six members vote unanimously. In the case of an impeachment decision, the president must be elected within 60 days.
If the impeachment motion is rejected in the impeachment trial, President Yoon will return to state administration.
bellho@sportschosun.com
