the impeachment quorum of the acting president

1. the impeachment quorum of the acting president

151 seats or 200 seats?

151st Statement: Han Deok-soo is only acting as Prime Minister, so the quorum of impeachment is 151 seats according to the Prime Minister.
200 theory: Han Deok-soo is the acting president, so the impeachment quorum is 200 seats according to the president.

Han Deok-soo is the Prime Minister and acting presidential authority, but there is no separate provision in the Constitution.
Perhaps when revising the Constitution in 1987, he did not imagine impeaching the acting president.

In the commentary published by the Constitutional Court Research Institute under the Constitutional Court, it is stated that in order to dismiss the acting president, it is based on the quorum of the acting public officials (that is, the president). In this case, the quorum of impeachment by the acting president is 200.

On the other hand, in the same book, it is stated that "in the case of impeaching the original duties of the acting principal, it is based on the quorum of the original status (Prime Minister).

It is reasonable to see this National Assembly impeachment as an "acting president" rather than impeaching the "Prime Minister".
Therefore, according to the commentary on the Constitution, the quorum of impeachment will be 200.

However, although the constitutional commentary is an authoritative book, it is not a precedent, so there may be objections to this.

Personally, since the acting president has the status of exercising his powers as president, it is reasonable to see his impeachment as a presidential quorum of 200.

2. legal instability resulting from 192 approval

In the National Assembly, 192 votes were in favor of the impeachment of acting Han Deok-soo.
More than 151 votes, but less than 200 votes.

National Assembly Speaker Woo Won-shik declared a majority vote.
The power of the people is claimed to be a rejection.
Acting President Han Deok-soo announced, "To avoid confusion, we will accept the suspension of our duties and wait for the Constitutional Court's decision."

Then, should Deputy Prime Minister Choi Sang-mok act as acting president?

It's not that simple.

Even if Deputy Prime Minister Choi Sang-mok is acting for a while,
If the Constitutional Court rejects the impeachment later, judging that "acting Han Deok-soo's impeachment quorum is 200,"
Until then, the tasks and documents paid by Deputy Prime Minister Choi Sang-mok as acting president were in danger of being invalidated.

As such, it is unclear whether the deputy prime minister is even qualified as an acting president, so it will not be easy to properly act as an acting president.

3. a method of decision in a legally controversial situation

Both the 151 acting impeachment quorum theory and the 200 theory are persuasive.
in a situation where there is a legal controversy
Wouldn't it have been a decision to reduce the confusion of the administration to decide whether to approve impeachment based on 200 people more conservatively.

It's a pity these days.