Constitutional Court holds first hearing on former acting President Han's impeachment

Prime Minister Han Duck-soo, left, who was appointed as acting president last year and impeached soon after, attends the first hearing on his impeachment trial at the Constitutional Court in central Seoul, Wednesday. Joint Press Corps

The Constitutional Court held its first official hearing on the impeachment trial of former acting President and Prime Minister Han Duck-soo on Wednesday, 54 days after his impeachment by the National Assembly in late December. The trial follows the fallout from President Yoon Suk Yeol’s controversial martial law declaration earlier that month.

Han attended the session in person, as his presence was mandatory for Wednesday’s hearing, unlike the two preparatory hearings held on Jan. 13 and Feb. 5.

"I will approach the proceedings with humility and sincerity (…) I deeply acknowledge the anxiety and confusion that every citizen is experiencing in these difficult times," Han stated through his legal representatives.

The National Assembly passed the impeachment motion against Han on Dec. 27 with unanimous approval from 192 members present, out of a total of 300 lawmakers. The impeachment was based on allegations of Han’s involvement in the Dec. 3 martial law declaration and his refusal to appoint a Constitutional Court justice. Additional charges by the Assembly against Han included his recommendation for the president to veto an opposition-led special counsel bill targeting first lady Kim Keon Hee, his announcement of a plan to share government power in the wake of Yoon's impeachment and his failure to request a special prosecutor to investigate into the insurrection charges against Yoon.

Han’s legal team argued that the appointment of Constitutional Court justices is an authority granted solely to the president or acting president under the Constitution and, therefore, does not constitute grounds for impeachment. Regarding martial law, the legal team claimed Han was unaware of the plan beforehand and took steps to prevent it.

The legal counsels also went on to state that they would address the illegality of the National Assembly’s quorum for the impeachment resolution, and pledged to refute each of the five specific charges stated in the impeachment motion, highlighting their unfairness and factual inaccuracies.

In contrast, the National Assembly’s legal representatives asserted that the grounds for impeachment were undeniably clear.

Constitutional Court justices attend the first hearing of the impeachment trial of former acting President Han Duck-soo in central Seoul, Wednesday. Joint Press Corps

Later in the afternoon, the Constitutional Court held the first hearing on a separate competence dispute case filed by the ruling People Power Party (PPP) over the quorum for Han’s impeachment resolution.

The PPP had previously petitioned the court to suspend the effect of the impeachment motion, arguing that the vote was itself invalid. The debate centered on the required quorum for impeaching Han, who was acting president at the time.

The opposition Democratic Party of Korea (DPK) argued that the impeachment should follow the standard for Cabinet ministers, requiring a majority vote of at least 151 lawmakers out of the total 300. However, the ruling party maintained that the presidential impeachment standard should apply, requiring a two-thirds majority — at least 200 votes — for approval.