On March 24, 2025, the Court rejected an impeachment petition filed against Prime Minister Han Duck-soo.
Regarding the justiciability requirements, the Court observed that, under the main clause of Article 65, Section (2) of the Constitution, the voting requirement for impeaching Respondent while serving as Acting President is the same as that for impeaching him in his original capacity as Prime Minister―namely, approval by a majority of the total members of the National Assembly. Therefore, the Court found the instant impeachment petition justiciable.
On the merits, four Justices (Justices Moon Hyungbae, Lee Mison, Kim Hyungdu, and Jung Jungmi) filed an opinion rejecting the impeachment petition. They stated that the impeachment grounds concerning 1) the exercise of the authority to request reconsideration of the bill on the appointment of a special prosecutor, 2) the declaration of martial law and the act of insurrection, 3) joint governance, and 4) the request for recommendation of special prosecutor candidates did not amount to a constitutional or statutory violation by Respondent. Although Respondent’s failure to appoint Justices of the Constitutional Court was found to violate, inter alia, Articles 66 and 111 of the Constitution and Article 56 of the State Public Officials Act, the Justices noted that such violations could not be deemed a betrayal of the public trust indirectly vested in Respondent through the President as the appointing authority, and therefore did not constitute grounds sufficient to justify removal from office.
One Justice (Justice Kim Bok-hyeong) filed an opinion rejecting the impeachment petition, expressing the view that Respondent’s failure to appoint Justices of the Constitutional Court does not constitute a constitutional or statutory violation as well.
One Justice (Justice Chung Kyesun) filed an opinion upholding the impeachment petition, expressing the view that Respondent violated the Constitution and statutes with respect to both the request for recommendation of special prosecutor candidates and the failure to appoint Justices of the Constitutional Court, and that the gravity of such violations was sufficient to justify removal from office.
Justices Cheong Hyungsik and Cho Hanchang filed an opinion dismissing the impeachment petition, expressing the view that it was nonjusticiable because the impeachment resolution failed to meet the voting threshold for passage under the proviso of Article 65, Section (2) of the Constitution, which requires approval by at least two-thirds of the total members of the National Assembly when the Prime Minister is serving as Acting President.