The Constitutional Court decided that the impeachment motion against the Prime Minister, acting on behalf of the President, can be passed with a majority of the members present (151). It stated that there is no need for the approval of 200 or more votes, which is the threshold for presidential impeachment.
On the morning of the 24th, the Constitutional Court made a decision to dismiss the impeachment case against Prime Minister Han Duck-soo. Of the 8 judges, 5 voted for dismissal, 2 for disqualification, and 1 expressed an opinion supporting the motion.
One of the issues in this impeachment trial was the voting threshold for the impeachment motion against the Prime Minister, acting on behalf of the President. Earlier, on Dec. 27 last year, the National Assembly passed the impeachment motion against the Prime Minister with the support of a majority of members present (151). In this regard, Prime Minister Han's side argued that 'for the Prime Minister acting on behalf of the President, the voting threshold for the impeachment motion must be equivalent to that of the President (200 votes),' claiming that the impeachment trial should be dismissed.
In response, the Constitutional Court decided with the concurrence of 6 judges that 'the voting threshold for the impeachment motion against the Prime Minister, acting on behalf of the President, is a majority of the members present (151).'
The Constitutional Court noted, 'Prime Minister Han cannot be viewed as occupying the same status as the President, as he assumes the presidential duties only in circumstances when the President is temporarily unable to perform them.' It also stated, 'Considering that impeachment is a procedure for removal from office, it is more appropriate to apply the voting threshold for impeachment relevant to the Prime Minister's original status.'
However, Justices Cho Han-chang and Jeong Hyeong-sik argued that 'the voting threshold for the impeachment motion against the Prime Minister, acting on behalf of the President, should be the same as that of the President with 200 votes,' asserting that the impeachment trial should be dismissed.
The two justices stated, 'The acting President carries out the duties of the President in the event of a vacancy or emergency situation, thus, the position of the acting President should be considered equivalent to that of the President.'
They also remarked, 'If the voting threshold for impeachment against the acting President is based on the original position prior to acting, it would allow for continuous impeachment motions against ministers acting on behalf of the President with only a simple majority of the National Assembly, which could lead to extreme paralysis of government, and it is difficult to claim that our Constitution allows for such a situation.'