SEOUL – Who governs South Korea?
In the week since President Yoon Suk Yeol briefly explained After he declared martial law, sparking widespread calls for his removal from office, the question has become a national conundrum.
Yoon has not appeared in public since Saturday, when he gave a two-minute speech apologizing for the “inconvenience” to the South Korean people and vowing not to declare martial law again.
He also said he would leave the “stabilization of state affairs” to his conservatives People Power Partywhich has refused to agree to the impeachment effort, choosing instead to seek what its leader called an “orderly resignation.”
Party leader Han Dong-hoon and Prime Minister Han Duck-soo appeared side by side over the weekend to reassure the country that Yoon – who is also facing multiple investigations into possible charges of… revolt – is no longer at the helm.
Yoon “will not participate in governance, including diplomatic affairs, even before he steps down,” the party leader said, without giving a timetable for the president’s departure from office.
“The party and the Prime Minister will work closely to ensure that there are no setbacks in the lives of citizens and in the governance of the country,” he continued.
South Korea's ruling People Power Party leader Han Dong-hoon (right) speaks as Prime Minister Han Duck-soo listens as they address the nation in Seoul on Sunday.
(Lee Jin-man/Associated Press)
All of this has raised the question of who is in charge.
Legal experts and politicians point out that there is no legal basis for the party leader nor the prime minister – neither of whom is a publicly elected official – to assume the post of president.
“These are two people who have absolutely no authority,” said Lee Kuk-woon, a constitutional law expert at Handong University. “To present themselves in this manner, without any justification other than what the President has asked of them, is clearly a violation of the Constitution.”
Liberal opposition leader Lee Jae-myung put it even more clearly: “This is a second coup that destroys the constitutional order.”
Even some members of Yoon's party said so. In a social media post, Hong Joon-pyo, the conservative mayor of the southeastern city of Daegu, accused the party leader of “blackmailing” himself to “brazenly play president.”
“The South Korean public has never trusted you to govern the country,” he wrote. “Given that we are at the point of impeachment, you should also take responsibility as party leader and resign.”
Following the backlash to what many described as his “self-appointment,” Han clarified that what he meant was that the prime minister would take the lead, but in “close discussion with the party.”
Making matters worse, police announced on Tuesday that the prime minister – a Yoon ally who is not affiliated with any party – was a suspect in the riot investigation and had summoned him for questioning.
Then there is the question of who now controls the military. The party leader hinted to reporters that Yoon would no longer be the commander, but later refused to specify who that would be.
South Korean President Yoon Suk Yeol speaks during a media briefing at the presidential office in Seoul on December 3.
(South Korean Unification Ministry / AP)
The Ministry of Defense has stated that control of the armed forces remains legally Yoon. But when asked by the Times whether the department had received official orders from the president since Saturday, a spokesman said: “We cannot answer that.”
Then, early Wednesday, authorities announced the arrest of former Defense Minister Kim Yong-hyun, who resigned last week, over his alleged collusion with Yoon in declaring martial law.
Yoon is at least nominally carrying out some of his duties as president. On Sunday he accepted the resignation of the Interior Minister Lee Sang-min.
As for Yoon, public pressure to remove him from office is growing. One Opinion poll A poll conducted last week by pollster Realmeter found that 74% of South Koreans supported impeachment.
Lawmakers voted on an impeachment motion on Saturday, but it failed to receive the 200 votes – or two-thirds of the National Assembly – needed to remove him.
So Yoon's party has 108 seats Impeachment proceedings It is required that eight or more of these members leave their ranks. Opposition MPs have pledged to vote on the motion every Saturday until it is passed. If they manage to get the votes, the matter goes to the Constitutional Court, which has 180 days to confirm or reject it.
Separately, Yoon could also face arrest if investigators determine that his six-hour declaration of martial law on December 3 constitutes insurrection – one of the few crimes not covered by presidential immunity.
On Monday, a special agency called the Corruption Investigation Office for High-Ranking Officials banned Yoon from leaving the country, the first such move by a sitting president.
South Korea's constitution stipulates that the prime minister, then a descending line of cabinet officials, may take office if the president resigns from office or is otherwise unable to carry out his duties.
Rally participants march to the headquarters of the ruling People Power Party in Seoul on Monday to demand the impeachment of South Korean President Yoon Suk Yeol.
(Ahn Young-joon/Associated Press)
However, whether an arrest counts as an incident that prevents Yoon from carrying out his duties was never answered.
“The country has never been in a situation like this before, so this is a point where opinions may be divided among experts,” said Lee, the law professor.
This may not even be the most pressing legal question.
Asked by the Times who would lead the military if Yoon was arrested, a Defense Ministry spokesman said: “The Defense Ministry cannot answer that.”