The Korea Herald

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How powerful will South Korea's acting president be?

By Son Ji-hyoung

Published : Dec. 14, 2024 - 17:03

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Prime Minister Han Duck-soo (left) is seen arriving to his office in Seoul on Friday. (Yonhap) Prime Minister Han Duck-soo (left) is seen arriving to his office in Seoul on Friday. (Yonhap)

With incumbent President Yoon Suk Yeol suspended after the National Assembly voted to impeach him, Prime Minister Han Duck-soo will take over as acting president for up to six months.

Under Article 71 of the South Korean Constitution, if the president is deemed unable to perform duties for any reason, the prime minister shall assume the powers and duties of the incumbent president.

Han's role as acting president started 7:24 p.m. Saturday evening, as soon as a copy of the impeachment resolution was delivered to Yoon's office after the vote, in accordance the National Assembly Act.

In theory, Han is entrusted with Yoon's power -- namely, to serve as commander in chief of the South Korean armed forces, represent the international persona of the state, issue executive orders in case of a crisis, appoint and dismiss public officials and grant amnesty, among other powers.

History shows that an acting president is also able to exercise the presidential power to veto bills.

Goh Kun, the former prime minister who served as acting president in 2004 in lieu of the late former President Roh Moo-hyun, vetoed bills including a revision to the Amnesty Act, which was meant to allow the National Assembly to express its opinion should special amnesty be granted.

Roh was the first South Korean president to have stood before an impeachment trial at the Constitutional Court, but was reinstated after two months.

Awaiting the acting president are six bills that the ruling People Power Party's Floor Leader Rep. Kweon Seong-dong said Friday he would ask the administration to send back to the parliament for a revote.

Among them are a revision of the Grain Management Act, as well as separate special counsel probe bills targeting Yoon for insurrection and Yoon's wife Kim Keon Hee for corruption.

Prime Minister Han Duck-soo (right) is seen talking with Deputy Prime Minister Choi Sang-mok in the main chamber of the National Assembly on Friday. (Yonhap) Prime Minister Han Duck-soo (right) is seen talking with Deputy Prime Minister Choi Sang-mok in the main chamber of the National Assembly on Friday. (Yonhap)

But uncertainties abound over whether Han would exercise his executive power, given that police have also accused Han of involvement in insurrection in relation to Yoon's martial law declaration on Dec. 3. Amid mixed views within the party over whether Han should also be impeached, opposition leader Rep. Lee Jae-myung said on Sunday it would not push ahead with the impeachment plan because it could cause disruption in state affairs.

Should Han be suspended as well, his replacement would assume Han's power in accordance with the presidential line of succession.

Under Article 26 of the Government Organization Act, Deputy Prime Minister and Minister of Economy and Finance Choi Sang-mok is ahead of other members of the Cabinet in order of priority. Deputy Prime Minister and Minister of Education Lee Ju-ho is behind Choi. Lee is followed by Science and ICT Minister Yoo Sang-im, Foreign Affairs Minister Cho Tae-yul and Unification Minister Kim Yung-ho, among others.

According to the Presidential Security Service on Saturday, a new group of presidential bodyguards will work for Han and his wife pursuant to its standard for the incumbent president. It will also discuss concrete details of the security service with Han's office.

The PSS noted that presidential security for Yoon will be maintained as is, despite him being suspended from his position.