🚨 Understanding Korea's Democratic Republic Through the 2025 Impeachment

Today Korean Social News | 2025.04.05

📌 Constitutional Court Unanimously Decides on President Yoon Suk-yeol's Impeachment... Reaffirming the Value of 'Democratic Republic'

💬 The Constitutional Court decided on the impeachment of President Yoon Suk-yeol with the unanimous opinion of all 8 justices. The Court emphasized that presidential authority is granted by the Constitution and that this authority comes from the people. In particular, they pointed out that ordering military deployment and causing confrontation with citizens was a serious violation of the law that cannot be tolerated from the perspective of constitutional protection. This decision has become an opportunity to reaffirm the values of a democratic republic that Korea shares.

Summary

• A democratic republic is a political system where the people hold sovereignty and elect representatives to run the state for the benefit of the community.
• Article 1 of the Korean Constitution states "The Republic of Korea is a democratic republic," defining the basic identity of the nation.
• In a democratic republic, principles of rule of law, separation of powers, protection of basic rights, and representative democracy are important.

1️⃣ Definition

A democratic republic is a state system where sovereignty belongs to the people (democratic) and is governed by representatives elected for the public good rather than by a monarch or specific power group (republic). Simply put, it is a political form where the people are the masters of the country, elect their own representatives, and those representatives run the state for the benefit of all citizens.

Article 1, Paragraph 1 of the Constitution of the Republic of Korea states "The Republic of Korea is a democratic republic," defining our country's basic identity. This means that our country's political system is based on the principles of democracy and republicanism.

💡 Why is it important?

• A democratic republic defines the core values that constitute the nation's basic identity.
• The legitimacy of all laws, institutions, and policies stems from the principles of a democratic republic.
• It presents basic principles concerning the exercise and limitation of state power.

2️⃣ Components and Principles of a Democratic Republic

📕 The Meaning of Democracy and Republicanism

• Democracy is the principle that sovereignty belongs to the people. Democracy comes from the Greek words "demos" (people) and "kratos" (rule), meaning that the people are the masters of the country and govern themselves. The key elements of democracy are as follows. First, the principle of popular sovereignty. All political power comes from the people, and state power is based on the consent and delegation of the people. Second, the principle of political equality. All citizens are equal before the law and have an equal right to participate in the political process. Third, the principle of majority rule. Decision-making basically follows the opinion of the majority, but the rights of the minority must also be respected. Fourth, free elections and political participation. Representatives are elected through universal, equal, direct, and secret ballots, and citizens can participate in politics in various ways. Fifth, freedom of expression and association. Various opinions can be freely expressed, and political associations are guaranteed. Democracy includes not only formal procedures and institutions but also substantive values such as citizen participation and deliberation, and the spirit of tolerance and compromise.

• Republicanism is a principle of governance that pursues the interests of the community. Republicanism is a concept derived from the Latin term "res publica" (public thing), meaning governance for the interests of the entire community rather than for an individual or a particular group. The key elements of republicanism are as follows. First, the principles of anti-despotism and anti-dictatorship. Unlike monarchies or dictatorships, no individual or group holds absolute power. Second, the pursuit of the common good. The purpose of the state is to promote the interests and public values of the entire community. Third, emphasis on civic virtue. Active participation and responsibility of citizens as members of the community are important. Fourth, the rule of law. All members and rulers are bound by law, and the law must reflect the will of the community. Fifth, separation of powers. Legislative, executive, and judicial powers are separated and checked against each other to prevent the concentration and abuse of power. Republicanism encompasses a political ideal for the freedom and public interest of the community, beyond simply being a form of government without a monarch.

📕 Core Principles of a Democratic Republic

• A democratic republic as a constitutional principle includes several core principles. As a basic principle of the constitution, a democratic republic includes the following core principles. First, the principle of popular sovereignty. All state power comes from the people and must be exercised based on the will of the people. Article 1, Paragraph 2 of the Korean Constitution explicitly states, "The sovereignty of the Republic of Korea resides in the people, and all state authority emanates from the people." Second, the principle of representative democracy. Rather than governing directly, the people elect representatives through elections, and these representatives exercise power on behalf of the people. Some elements of direct democracy, such as referendums, are also included. Third, the principle of separation of powers. State power is divided into legislative, executive, and judicial branches to prevent abuse of power through mutual checks and balances. Fourth, the principle of the rule of law. All state actions must be based on law, and state power is also subject to the rule of law. This includes not only formal but also substantive rule of law. Fifth, the principle of protection of basic rights. Basic human rights such as human dignity and value, the right to pursue happiness, and the right to equality must be guaranteed.

• A democratic republic must be institutionally implemented. The principles of a democratic republic are realized through concrete institutions and procedures, not just ideological declarations. First, free and fair electoral systems. A system is needed to elect representatives of the people according to the principles of universal, equal, direct, and secret elections. Second, the party system. Various political parties should freely operate to represent diverse political views and contribute to the formation of the people's political will. Third, the system of separation of powers. The powers and responsibilities of the legislature (National Assembly), executive (President and government), and judiciary (courts) must be clearly distinguished, with mutual checks and balances. Fourth, the constitutional court system. The Constitutional Court, as the guardian of the constitution, guarantees constitutional values through reviews of unconstitutional laws, impeachment trials, and political party dissolution trials. Fifth, the local autonomy system. Decentralizing central power and guaranteeing local self-governance according to regional characteristics strengthens the foundations of democracy. Sixth, the system for remedying basic rights. Systems must be established to effectively remedy infringed basic rights through constitutional complaints, administrative litigation, and state compensation.

Core Values of a Democratic Republic

1. Popular Sovereignty: All power comes from the people and is based on the consent of the people
2. Pursuit of the Common Good: Governance for the benefit of the entire community, not for specific individuals or groups
3. Rule of Law: All citizens and state powers are bound by law and equal before the law
4. Separation of Powers: Mutual checks and balances to prevent the concentration and abuse of power
5. Representative System: Elected representatives exercise power in the name of the people
6. Protection of Basic Rights: Protection of basic rights such as human dignity, freedom, and equality
7. Citizen Participation: Active participation and oversight of citizens in public affairs
8. Pluralism: An open system where diverse opinions and interests coexist and compete
9. Responsible Politics: Ensuring accountability and transparency in the exercise of power
10. Non-violent Transfer of Power: Legal and peaceful methods of power transition

3️⃣ History of Democratic Republics and the Korean Context

✅ Democratic Republics in World History

• The concept of a democratic republic has evolved from ancient times to the present. The concept of a democratic republic has developed gradually throughout human history. First, its ideological origins in ancient Greece and Rome. Athenian democracy and Roman republicanism provided the prototype for modern democratic republics. Philosophers like Plato, Aristotle, and Cicero laid the ideological foundation for ideal political systems. Second, modern Enlightenment thought and civil revolutions. Enlightenment thinkers like Locke, Montesquieu, and Rousseau developed the theoretical basis for democratic republics through concepts like the social contract theory, separation of powers, and general will. These ideas began to be implemented as actual political systems through the American Revolution (1776) and the French Revolution (1789). Third, the spread of modern democratic republics. Democratic republics spread worldwide throughout the 19th and 20th centuries. Particularly after World War II, democratic republic systems greatly expanded through colonial independence, the end of the Cold War, and the collapse of authoritarian regimes. As of 2023, most countries in the world have officially adopted democratic republic systems.

• Examples and characteristics of major democratic republic countries are diverse. Countries around the world have developed various forms of democratic republic systems according to their historical and cultural backgrounds. First, the United States' presidential republic. The federal republic established through the 1787 Constitution is characterized by strong separation of powers, checks and balances, and federalism. Second, France's mixed republic. Having gone through five republics, France currently operates a semi-presidential system where the president and prime minister share power. Third, Germany's federal parliamentary republic. Learning from the experience of Nazi Germany, it has developed a system characterized by a strong constitutional court, federalism, and parliamentary democracy. Fourth, India's multicultural democratic republic. As the world's largest democracy, India operates a federal democratic republic that embraces diverse religious, linguistic, and ethnic groups. Fifth, Japan's symbolic imperial democracy. While maintaining the emperor as a symbol of the state, it has a constitutional democracy system where actual power is exercised by the parliament and cabinet. Thus, democratic republics have developed in various forms according to each country's historical and cultural context.

✅ History of Korea's Democratic Republic

• Korea's democratic republic has gone through a tumultuous development process. Korea's democratic republic has experienced rapid changes and development in its short history. First, the Provisional Government of the Republic of Korea and the introduction of democratic republic ideals. The Provisional Charter of the Republic of Korea, promulgated on April 11, 1919, declared "The Republic of Korea shall be a democratic republic," introducing the ideals of a democratic republic for the first time in Korean history. Second, the 1948 Constitution and the establishment of a democratic republic. After liberation, the Constitution established on July 17, 1948, specified in Article 1 that "The Republic of Korea is a democratic republic," establishing a democratic republic as the basic identity of the nation. Third, the period of formal democratic republic under authoritarian rule. From the Syngman Rhee government to the Chun Doo-hwan and Roh Tae-woo governments, Korea was constitutionally a democratic republic but was actually under authoritarian rule. Fourth, the development of a substantive democratic republic after democratization. Since democratization through the June Democratic Movement in 1987, Korea has developed into a substantive democratic republic through the introduction of direct presidential elections, implementation of local autonomy, and activation of the Constitutional Court. Fifth, the growth of civil society and expansion of participatory democracy. Since the 2000s, there has been an expansion of citizen-participatory democracy through candlelight protests, civil society activities, and activation of social discourse.

• Korea's democratic republic has specific contexts and challenges. Korea's democratic republic has unique contexts and challenges even within the flow of world history. First, a democratic republic in a divided situation. In the special situation of division between North and South, it faces the dual tasks of liberal democratic basic order and peaceful unification. Second, the experience of compressed modernization and democratization. Korea experienced rapid social changes, achieving industrialization and democratization in half a century, which took Western countries several centuries. Third, continuing conflict with authoritarian remnants. Institutional and cultural remnants of the authoritarian era still exist, and efforts to overcome them continue. Fourth, the balance between economic growth and social integration. While achieving economic growth, challenges of social inequality, polarization, and generational conflict remain. Fifth, overcoming regionalism and political division. Resolving social divisions due to regionally-based political structures and ideological confrontation remains an important task. In this specific context, Korea's democratic republic is undergoing a continuous process of development and maturation.

✅ Impeachment and the Principles of a Democratic Republic

• Presidential impeachment is a constitutional procedure that embodies the core principles of a democratic republic. The presidential impeachment system is an important constitutional device that realizes the core principles of a democratic republic. First, the embodiment of the rule of law. It shows the principle that even the highest power holder, the president, is not above the law and must be held accountable if they seriously violate the constitution and laws. Second, the realization of the principle of popular sovereignty. It is an institutional device that can reclaim authority when the president does not exercise the authority delegated from the people according to the constitution and laws. Third, the principle of separation of powers and checks and balances. It is a system where the legislature (National Assembly) handles impeachment prosecution and the judiciary (Constitutional Court) handles impeachment trial, thus checking the executive branch (president). Fourth, the principle of constitutional protection. It is the last defensive measure to protect constitutional values and principles from constitutional violations. Fifth, the restoration of democratic legitimacy. It is a process to restore damaged democratic legitimacy and correct constitutional order by removing a president who has violated the constitution and laws.

• Korea's presidential impeachment cases show the development process of a democratic republic. The actual presidential impeachment cases in Korean history are important events showing the maturation process of a democratic republic. First, the case of President Roh Moo-hyun's impeachment (2004). On March 12, 2004, the National Assembly passed an impeachment bill against President Roh Moo-hyun for reasons including violation of election neutrality duty. However, on May 14 of the same year, the Constitutional Court dismissed the impeachment, ruling that "the violation of the constitution or law is not serious." This case established the principle that even if a president violates the law, the seriousness of the violation must be strictly judged. Second, the case of President Park Geun-hye's impeachment (2016-2017). On December 9, 2016, the National Assembly passed an impeachment bill against President Park Geun-hye for reasons including abuse of power and leaking confidential information. On March 10, 2017, the Constitutional Court unanimously upheld the impeachment with all 8 justices, removing her from the presidency. This case became an important precedent emphasizing the president's duty to uphold the constitution and responsibility to the people. Third, the case of President Yoon Suk-yeol's impeachment (2025). President Yoon Suk-yeol, who was impeached for constitutional and legal violations related to martial law declaration, was removed by a unanimous decision of the Constitutional Court. This case reaffirmed the importance of constitutional limits and democratic control on the use of military force. These impeachment cases show the process of Korea's democratic republic maturing institutionally and have left important precedents for protecting constitutional values.

4️⃣ Related Terms Explanation

🔎 Popular Sovereignty

• Popular sovereignty is the principle that all power comes from the people.
• Popular sovereignty means that the highest power of the state, sovereignty, belongs to the people. Article 1, Paragraph 2 of the Korean Constitution clearly states this principle by saying "The sovereignty of the Republic of Korea resides in the people, and all state authority emanates from the people." The principle of popular sovereignty has the following meanings. First, it is the basis for the legitimacy of state power. All state power must be based on the consent and delegation of the people, and power without this is not recognized as legitimate. Second, it is the principle of self-governance by the people. The people are not objects of heteronomous rule but subjects who govern themselves, exercising their rights indirectly through representatives. Third, it is the basis of political accountability. Representatives entrusted with power must ultimately be accountable to the people, and governance contrary to the will of the people cannot be justified. Fourth, it is the theoretical basis for the right of resistance. It forms the theoretical foundation for the people's right to resist a government that seriously violates citizens' basic rights. The principle of popular sovereignty is the most basic foundation of a democratic republic and serves as a criterion for evaluating the legitimacy of all political institutions and processes.

🔎 Separation of Powers

• Separation of powers is the principle of dividing state power into legislative, executive, and judicial branches to achieve checks and balances.
• Separation of powers is a constitutional principle that divides state power into legislative, executive, and judicial powers, entrusting them to different institutions to prevent the concentration and abuse of power and guarantee the freedom and rights of the people. This principle, systematized by the French political thinker Montesquieu, has the following meanings. First, it is the principle of power distribution. When power is concentrated in one institution or individual, there is a risk of leading to dictatorship and tyranny, so power is distributed for mutual checks. Second, it is the principle of checks and balances. Each power institution has means to check other institutions, preventing any one institution from becoming too powerful. Third, it is the principle of functional division of labor. Each institution participates in state operation with different expertise and functions, enhancing efficiency. In Korea, the separation of powers is implemented through the National Assembly (legislative branch), the government and president (executive branch), and the courts (judicial branch), with the Constitutional Court playing the role of constitutional protection. The impeachment procedure for the president, through the National Assembly's impeachment prosecution (legislative branch) and the Constitutional Court's trial (judicial branch) checking the president (executive branch), is a representative case of separation of powers in action.

🔎 Constitutional Court

• The Constitutional Court is a constitutional institution that protects the constitution and guarantees the basic rights of the people.
• The Constitutional Court is an independent constitutional institution that resolves disputes concerning the interpretation and application of the constitution and protects the constitutional order. Korea's Constitutional Court was established according to the Constitution of the Sixth Republic in 1988 and consists of 9 justices. The justices are appointed by the president, but 3 are appointed from those elected by the National Assembly, and 3 from those nominated by the Chief Justice of the Supreme Court, thus promoting balance among the branches of government. The main powers of the Constitutional Court are as follows. First, review of the constitutionality of laws. It examines whether laws violate the constitution based on court requests or constitutional complaints. Second, impeachment trials. It decides whether to remove high public officials, including the president, when there is an impeachment prosecution by the National Assembly. Third, political party dissolution trials. It decides whether to dissolve political parties whose purposes or activities violate the democratic basic order. Fourth, competence dispute trials. It resolves disputes over authority between state institutions, between state institutions and local governments, or between local governments. Fifth, constitutional complaint trials. It reviews petitions from citizens whose basic rights have been violated by the exercise or non-exercise of public power. The Constitutional Court, as a 'fourth branch' for the protection of the constitution and basic rights, which are core values of a democratic republic, plays an important role in realizing the principles of checks and balances along with the legislative, executive, and judicial branches.

5️⃣ Frequently Asked Questions (FAQ)

Q: What is the difference between a democratic republic and a constitutional monarchy?

A: While both democratic republics and constitutional monarchies have democratic elements, there are fundamental differences in the status of the head of state and the source of legitimacy. First, there is a difference in the status of the head of state. In a democratic republic, an elected person such as a president or prime minister becomes the head of state, while in a constitutional monarchy, a monarch determined by hereditary succession is the head of state. The United Kingdom, Sweden, Japan, and Thailand are representative constitutional monarchies. Second, there is a difference in the source of legitimacy. A democratic republic is based on the principle of popular sovereignty, where all power comes from the people, while a constitutional monarchy is based on a dual legitimacy of the monarch's historical and traditional legitimacy and the consent of the people. Third, there is a difference in the status and role of the monarch. In a constitutional monarchy, the monarch mainly plays symbolic and ceremonial roles, and actual political power is exercised by the democratically elected parliament and cabinet. In contrast, in a democratic republic, these symbolic roles and actual powers are not separated. Fourth, there are differences in the stability and flexibility of the state system. Constitutional monarchies provide state identity and stability through long traditions and symbolism, while democratic republics can more flexibly change and develop. Fifth, there are differences in political culture. Constitutional monarchies often have political cultures that value tradition and gradual reform, while democratic republics tend to emphasize equality and change more. However, in actual political operations, constitutional monarchies like the United Kingdom and Sweden also have very democratic institutions and practices, so the level of substantive democracy can be a more important criterion than formal differences.

Q: What are the powers and limitations of a president in a democratic republic?

A: In a democratic republic, the president has important powers as the highest leader of the state but also has clear limitations imposed by the constitution and laws. The president's main powers include, first, authority to oversee national affairs and command and supervise the government organization as head of the executive branch. Second, important powers in the field of diplomacy and defense, such as concluding treaties with foreign countries, declaring war and making peace, and serving as commander-in-chief of the armed forces. Third, legislative-related powers such as the power to veto bills, issue executive orders, and request special sessions of the National Assembly. Fourth, the power to appoint public officials, determining personnel for major government departments and agencies. Fifth, partial possession of judicial-related powers such as pardons, commutations, and reinstatement of rights. However, these powers must be exercised within the following clear limitations. First, constitutional limitations. The president can only exercise powers granted by the constitution, and the exercise of powers contrary to the constitution and constitutional values is prohibited. Second, legal limitations. The president must comply with all laws and exercise powers according to procedures and methods prescribed by law. Third, limitations due to separation of powers. The president cannot infringe on the inherent powers of the legislative and judicial branches and must cooperate with these institutions and respect their decisions. Fourth, limitations imposed by the basic rights of the people. All exercise of the president's powers must be in a direction that respects and guarantees the basic rights of the people. Fifth, term limitations. The president can exercise powers only during a specified term, and term limits prevent long-term rule. This balance of powers and limitations is an important institutional device in a democratic republic to enable the president to effectively run the state while preventing a slide into dictatorship.

Q: How are the principles of a democratic republic applied in daily life?

A: The principles of a democratic republic are not abstract concepts but are implemented in various ways in citizens' daily lives. First, they are realized through participation in elections. Citizens exercise their rights as sovereigns and choose representatives by participating in regular elections for president, members of the National Assembly, heads of local governments, and members of local councils. Second, they are realized through civil society activities. Citizens participate in various civil society organizations, interest groups, and local community activities to voice their opinions on various social issues and influence public policies. Third, they are realized through the exercise of freedom of speech, assembly, and expression. Citizens contribute to the formation of democratic discourse through free expression of opinions on social issues, participation in assemblies, and online and offline discussions. Fourth, they are realized through daily practice of the rule of law. In daily life, citizens observe laws and rules, respect the rights of others, and assert their rights through due process when necessary. Fifth, they are realized by participating in public services and administrative processes. Citizens are involved in policy-making processes through various participation channels such as providing opinions on government policies, filing civil complaints, and participating in resident participatory budgeting. Sixth, they are realized through education and socialization processes. Citizens internalize and practice values and attitudes as democratic citizens through school education and social experiences. Seventh, they are realized through the practice of democratic values in daily interactions. Citizens implement democratic values through mutual respect, dialogue and compromise, and community spirit in everyday spaces such as homes, schools, and workplaces. Thus, the principles of a democratic republic are continuously implemented and developed not only through grand political events but also through citizens' daily choices and actions.

Q: Is impeachment a failure or success of democracy?

A: Impeachment can be seen as evidence of success, showing that the democratic republic system is functioning properly, rather than as a failure of democracy. The reasons why impeachment is a case of democratic success are as follows. First, it is the realization of the rule of law. Impeachment shows that even the highest power holder is not above the law, realizing the core principle of the rule of law. It is a natural aspect of a state governed by the rule of law that a president who has seriously violated the constitution and laws bears the corresponding responsibility. Second, it is the result of the functioning of checks and balances. It is a case where the legislative and judicial branches effectively checked the abuse of power by the president, the head of the executive branch, in a system of separation of powers, showing that the institutional safeguards of a democratic republic are functioning properly. Third, it is a process of defending democratic values. Impeachment is a procedure to restore and protect constitutional values (rule of law, popular sovereignty, respect for basic rights, etc.) violated by the president, a process of protecting the essential values of democracy. Fourth, it is the realization of peaceful transfer of power. Impeachment is a democratic method of resolving power issues according to legal procedures prescribed by the constitution, not through violent means such as revolution or coup d'état. Fifth, it shows democracy's ability to self-correct. Democracy is not a perfect system but one that can discover and correct its own errors, and impeachment is part of this self-correction process. Of course, if impeachment occurs frequently, it could be a concerning situation in terms of political stability and continuity of state administration. However, the fact that power abuse can be corrected through a constitutional procedure like impeachment when necessary is evidence of the healthy functioning of a democratic republic. In Korea's case, citizens' peaceful participation and institutional resolution during the impeachment process are being internationally recognized as examples showing the maturity of democracy.