Sangcheol’s Legal Journal : YouLaw Insights

Introduction On March 24, 2025, the Constitutional Court of Korea made a historic decision to dismiss the impeachment petition against Prime Minister Han Duck-soo , who was serving as the acting President at the time. This unprecedented case went beyond politics, sparking profound discussions on constitutional interpretation, the structure of executive power, and the rule of law. This blog post provides a comprehensive breakdown of this extraordinary event in Korea’s constitutional history, analyzing the background, legal issues, and implications for the future. Background of the Case December 14, 2024 : President Yoon Suk-yeol was impeached by the National Assembly. Prime Minister Han Duck-soo assumed the role of acting President. December 26, 2024 : 170 lawmakers submitted an impeachment bill against Han. December 27, 2024 : The National Assembly passed the impeachment motion with 192 votes in favor , sending the case to the Constitutional Court. This was the first time...

Analysis of the Constitutional Court's Second Hearing on the Power Dispute: Can the Speaker of the National Assembly File a Petition Independently? Case Overview On February 10, the Constitutional Court held the second hearing on the power dispute between the National Assembly and the Acting President. This case originated from the rejection of the nomination of Constitutional Court Justice candidate Ma Eun-hyuk. The National Assembly argued that the Acting President failed to fulfill the constitutional duty of appointing a justice, thereby infringing upon the National Assembly’s authority. However, the key issue in this hearing was not the Acting President’s rejection of the nomination but whether the Speaker of the National Assembly could file a power dispute petition without a resolution from the plenary session. Both sides engaged in intense legal debates, and the Constitutional Court justices posed in-depth questions regarding the matter. Can the Speaker of the...