2016 Presidential Impeachment of Park Geun-hye
Introduction
The 2016–2017 impeachment of President Park Geun-hye (박근혜) was a watershed moment in South Korean constitutional history. Following massive candlelight demonstrations calling for her resignation, the National Assembly impeached President Park on December 9, 2016. The Constitutional Court unanimously upheld the impeachment on March 10, 2017, removing her from office — the first time a South Korean president was constitutionally removed. The case (2016Hun-Na1) represents the most significant application of presidential impeachment under the 1987 Constitution.
Background
Park Geun-hye, daughter of former authoritarian President Park Chung-hee, was elected in December 2012 and took office in February 2013. Her presidency became engulfed in scandal in October 2016 when it was revealed that her longtime confidante, Choi Soon-sil, had exerted extensive influence over presidential affairs without holding any official position.
Grounds for Impeachment
The National Assembly’s impeachment resolution cited multiple constitutional and criminal violations:
Abuse of Power
Park allowed Choi Soon-sil to:
- Participate in state affairs and access classified documents
- Edit presidential speeches and approve government appointments
- Interfere with policy decisions on cultural and economic matters
Corruption
- Extortion of chaebol: Park demanded and received approximately KRW 77.4 billion from major conglomerates (Samsung, Lotte, SK) in exchange for favorable regulatory decisions
- Creation of foundations: Choi-controlled foundations (Mir Foundation, K-Sports Foundation) received forced donations in exchange for government favors
Violation of Official Duty
- Culture Ministry appointments: Pressured the Ministry of Culture to appoint Choi’s associates
- Blacklist of artists: Maintained a government list of artists critical of the administration who were denied state support
Constitutional Court Decision (2016Hun-Na1)
On March 10, 2017, the Constitutional Court unanimously upheld the impeachment (8–0).
Key Holdings
- Choi Soon-sil involvement: The Court found that by allowing a private citizen to exercise presidential authority, Park violated the constitutional principle of a democratic republic (Article 1) and the rule of law
- Corruption: The Court held that Park’s solicitation of donations from chaebol constituted bribery and abuse of power
- Artists’ blacklist: The blacklist violated freedom of expression (Article 21)
- Freedom of the press: Interference with media appointments violated press freedom
Standard Applied
The Court applied the “serious violation of law” standard established in the 2004 Roh Moo-hyun impeachment case, finding that Park’s actions met this threshold. The Court emphasized that the violations were not merely technical but struck at the foundations of constitutional democracy.
Consequences
Immediate Effects
- Park was immediately removed from office
- Prime Minister Hwang Kyo-ahn became Acting President
- A presidential election was held within 60 days (May 9, 2017), won by Moon Jae-in
Criminal Prosecution
Park was subsequently prosecuted for bribery, abuse of power, and coercion. In April 2018, she was sentenced to 24 years’ imprisonment. After appeals, the Supreme Court ordered a retrial (reducing the sentence to 20 years), and she was pardoned in December 2021 by President Moon Jae-in.
Significance
The Park Geun-hye impeachment established that:
- No one, including the President, is above the law
- The Constitutional Court will enforce constitutional limits on executive power
- Citizens can effect constitutional change through peaceful protest
Conclusion
The 2016–2017 Park Geun-hye impeachment stands as South Korea’s most consequential constitutional case. The unanimous decision demonstrated the Constitutional Court’s independence and the maturation of Korean constitutional democracy. The case remains a defining precedent for executive accountability under the 1987 Constitution.