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South Korea’s Prime Minister Han Duck-soo has been restored to office after the country’s constitutional court overturned his impeachment, raising tensions ahead of a hotly anticipated ruling over President Yoon Suk Yeol’s attempt to impose martial law last year.
Han, who took over as acting president after parliament voted to impeach Yoon in December, was himself impeached and suspended after he refused to fill three vacancies on the constitutional court.
Monday’s verdict returns Han to office as acting president with immediate effect. Yoon, who is still nominally head of state, remains suspended while the court deliberates on his impeachment. Finance minister Choi Sang-mok had served as acting president pending Han’s impeachment verdict.
Han said he was “grateful” for the court’s “wise” decision, adding that the government would “begin by addressing the most urgent matters”.
The ruling marked the latest episode in a political drama that has gripped South Korea for months, deepening polarisation and paralysing the government at a time of mounting fears over slowing economic growth and the potential impact of US President Donald Trump’s trade and security policies.
In a written statement, the court said it had found no evidence that Han had played an active role in a December cabinet meeting where Yoon declared his intention to issue a decree imposing military rule.
It also said that while Han’s refusal to fill the three vacancies on the court was unconstitutional, it had not found that he had intended to impede it from carrying out its duties.
In a statement on Monday, South Korea’s presidential office condemned Han’s impeachment by the opposition-dominated parliament as “a reckless and malicious political offensive”.
The constitutional court did not express a view on the legality of the martial law declaration itself, however, and offered little insight into its thinking ahead of a ruling on Yoon’s impeachment, which analysts said could come as soon as this week.
Lee Heon-hwan, a law professor at Ajou University, predicted that it would be difficult for the court to “deny the illegality and unconstitutional nature of Yoon’s martial law decree”, adding: “It is clear that Yoon violated the constitution. This should outweigh their political leanings.”
Yoon also faces separate criminal insurrection charges over his imposition of martial law, which allegedly involved ordering troops to storm parliament. He denies the charges.
Kim Man-heum, head of the Korea Academy of Politics and Leadership, noted the constitutional court was split in Han’s case, in a reflection of the country’s “extreme” political divisions. Five of eight sitting justices voted to dismiss the impeachment motion against Han, two voted to reject and one to uphold it.
“The divided ruling hints that a unanimous decision on Yoon’s case is unlikely,” said Kim. “The court’s ruling on Yoon is also likely to reflect divided public opinion.”
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