The Constitutional Court on March 24 dismissed the impeachment of Prime Minister Han Duck-soo, ruling that his legal violations were not severe enough to justify his removal from office.
“The violations cited do not reach a level that warrants the loss of public trust,” the court said in its decision. The ruling allows Han to return to office after 87 days of suspension.
Parliament passed an impeachment motion against Han on Dec. 27, 2024, with opposition parties, including the Democratic Party of Korea (DPK), accusing him of five key violations: complicity or inaction over President Yoon Suk Yeol’s alleged “insurrection,” rejection of three Constitutional Court justice nominees recommended by parliament, avoidance of appointing a special prosecutor for an insurrection probe, vetoing a separate special counsel bill related to First Lady Kim Keon-hee, and attempting to co-govern with former ruling People Power Party (PPP) leader Han Dong-hoon.
Of the nine justices, five—Moon Hyung-bae, Lee Mi-son, Kim Hyung-du, Jung Jung-mi, and Kim Bok-hyeong—ruled against impeachment, stating that four of the five charges lacked grounds for constitutional or legal violations. These included Han’s alleged complicity in Yoon’s “insurrection,” his rejection of parliament-recommended Constitutional Court nominees, his refusal to appoint a permanent special prosecutor for the insurrection probe, and his attempt to co-govern with Han Dong-hoon.
However, four of these justices—Moon, Lee, Kim Hyung-du, and Jung—determined that Han’s rejection of the Constitutional Court justice nominees violated Article 66 and Article 111 of the Constitution, as well as Article 56 of the State Public Officials Act. Justice Kim Bok-hyeong dissented on this point, arguing that failing to appoint justices did not constitute a constitutional or legal violation.
Justice Jung Gye-seon was the sole dissenter in favor of impeachment. “As acting president, Han had a duty to minimize unnecessary controversy and swiftly restore order amid a national crisis. Instead, his actions under the Constitution and the law exacerbated the situation,” Jung wrote, concluding that Han’s violations were serious enough to justify removal from office.
The court upheld the legality of the impeachment process. When Speaker Woo Won-shik initiated the motion, he applied the quorum requirement for Cabinet members (151 votes) rather than the higher threshold required for a president (200 votes), as Han was serving as acting president at the time. The court ruled that “the role of acting president does not create a new legal status but rather entails fulfilling pre-assigned duties,” affirming that the impeachment process should follow the standard applicable to Han’s original position as prime minister.
Six justices found no procedural issues with Han’s impeachment. However, Justices Cheong Hyung-sik and Cho Han-chang dissented, arguing that impeachment proceedings against a prime minister acting as president should be held to the same strict standards as those for a sitting president. They concluded that the impeachment motion had failed to meet the required quorum and voted to dismiss the case on procedural grounds.
Following the court’s decision, Han, who had been serving as acting president, resumed his duties as prime minister. “I am grateful for the Constitutional Court’s wise decision,” he said after the ruling.
Han left his official residence in Samcheong-dong shortly after the verdict and arrived at the government complex in central Seoul. “My immediate priority is to address pressing matters,” he said. “I will take the lead in working with Cabinet members responsible for trade and industry, as well as private sector leaders, to navigate global changes and ensure Korea’s continued growth in this era of geopolitical transformation. I will also work closely with the National Assembly, political leaders, and Speaker of the National Assembly to do my utmost.”
He also called for an end to political polarization. “I believe the people are sending a clear message to our political leaders that extreme divisions must stop,” he said. “There is no left or right—what truly matters is moving our country forward. I see this as my final mission. With my return, I will dedicate myself fully to upholding the Constitution and the law, working with citizens, political leaders, the media, civil organizations, businesses, and the government to secure a better future for Korea and its younger generations.”
