South Korea’s leadership unclear as Yoon struggles to retain power
South Korea’s defence ministry insisted that President Yoon Suk Yeol remained in charge of the country’s armed forces on Monday, even as the justice ministry enforced a travel ban against him following his attempt to declare martial law last week.
The developments deepened what legal scholars described as an extraordinary constitutional crisis. Although Yoon is being investigated for treason, and the head of his own party has said he would no longer be involved in state affairs, conservative lawmakers have continued to resist his impeachment, and it appeared Yoon continued to hold key levers of power as of late Monday.
When asked by a reporter how a president under suspicion of rebellion could control the country’s armed forces, a spokesperson for South Korea’s defence ministry responded: “Legally, the authority remains with the current commander in chief.”
Yoon has also continued to perform other presidential duties, such as accepting the resignation of senior officials and appointing others. The developments raise questions about what, if any duties, he has ceded, as he and his conservative allies have promised.
On Sunday, PPP chief Han Dong-hoon said that Prime Minister Han Duck-soo would handle state affairs in consultation with the party, but offered few other details about the apparent power-sharing arrangement. Neither Han holds an elected position.
PPP officials did not respond to VOA’s request for more details about the alleged deal, which numerous legal scholars have called extra-constitutional and likely illegal.
Jeon Hak-seon, a constitutional law professor at Hankook Foreign Language University, said the only established process for removing a president’s powers are impeachment or resignation.
There is no constitutional provision, Jeon said, for an arrangement in which the president voluntarily and informally entrusts his powers to another official – and certainly not an unelected one.
“Such a system does not exist,” Jeon told VOA. “The term ‘entrustment’ is not even used in Korean law.”
Another Seoul-based legal professor, who requested anonymity because of the sensitivity of the discussions, said Yoon and his party are likely trying to avoid a presidential vacancy, because under such a scenario an election must be held within 60 days, according to the constitution.
Yoon, frustrated by what he saw as opposition attempts to obstruct his governing, declared martial law late Tuesday – the first such decree since South Korea became a democracy in the 1980s. Yoon said the move was necessary to “crush anti-state forces,” but opposition lawmakers overturned the decree within hours.
In a speech Saturday, Yoon apologized for causing anxiety and said future governance “will be handled jointly by our party and the government.”
The two-minute speech was Yoon’s only public appearance since lifting the martial decree early Wednesday. South Korean opposition lawmakers failed to impeach Yoon in a vote on Saturday, but vowed to soon hold another vote.
Yoon’s office did not respond Monday to VOA’s request for clarification about what, if any, presidential powers had been ceded to the party or prime minister. Responding to a similar VOA question on Sunday, a presidential spokesperson said: “I ask for your deep understanding that we cannot help but be cautious in sending messages. However, if there is anything to say at the level of the Office of the President, we will share it without delay.”
VOA
