How impeachment process unfolds
By Kim Se-jeong
Impeachment is now on the lips of people as the only viable option for removing President Park Geun-hye from the presidency for the corruption scandal involving her confidant Choi Soon-sil.
Even if impeachment is promoted, it remains to be seen whether she will really be ousted, as the process has a long way to go and there are hurdles at each step.
National Assembly
According to the Korean Constitution, the National Assembly is authorized to submit a motion for impeachment when the President “violates the Constitution and other laws in the performance of official duties.” The submission requires the consent of more than half of the 300 Assembly members.
Lawmakers from opposition parties and constitution experts claim what President Park has done is enough to set the process motion, while Cheong Wa Dae and some conservative lawmakers argue that her alleged irregularities are not that grave.
At least two-thirds of the lawmakers, or 200, would have to vote in favor of passing the motion. In its current composition, this can be a tough game because the opposition parties hold 171 seats. They need at least 29 more votes from the ruling Saenuri Party.
It is also possible that some members of the opposition parties may vote against impeachment, because many are still undecided as to what would happen after the impeachment, and its impact on the presidential election slated for next year.
If the motion is passed, President Park will be suspended from her duties and Prime Minister Hwang Kyo-ahn will become the acting President.
Constitutional Court
As soon as the impeachment motion is passed, Rep. Kweon Seong-dong of the Saenuri Party, chief of the National Assembly Legislation and Judiciary Committee, will deliver it to the nine-member Constitutional Court.
It will take at least six yes votes among the nine justices to confirm impeachment, and they need to make a final decision within 180 days. In the impeachment case of former President Roh Moo-hyun, it took 64 days for the court to overturn the impeachment decision.
The complication is that the terms for two of the nine will expire in January and March. Once Chief Justice Park Han-chul retires in January, a new chief can be appointed with the Assembly’s approval. If the appointment process is stalled, the process for impeachment will be stalled, too. And it is also possible that only seven will vote.
In Roh’s case in 2004, the court said the President can only be impeached for violations that seriously damage the principles of a law-abiding and democratic country or the public trust.