How much authority does the PM actually have with a sitting president?

[Anchor]

Representative Han Dong-hoon and Prime Minister Han Duck-soo stated that President Yoon Suk Yeol will not be involved in state affairs until his resignation, and that Prime Minister Han and the ruling party will closely consult to ensure that state affairs proceed without disruption.

Reporter Kim Tae-hoon examined whether there is a legal basis for this and what the issues are.

[Report]

Our Constitution clearly defines the Prime Minister as the second-in-command of the executive branch, following the President.

The Prime Minister assists the President and is to act in the President's stead when the President is unable to perform their duties.

However, there is an important premise.

This is limited to cases where the offce of the president is vacant or unable to perform their duties due to an accident.

'Vacancy' refers to situations where the President dies, resigns voluntarily, or is impeached and a new President must be elected.

'Accident' generally refers to cases where the President is ill to the extent that they cannot perform their duties, or when an impeachment motion is passed in the National Assembly, resulting in the suspension of their duties.

However, the current situation is not a vacancy, and whether it can be considered an 'accident' due to an investigation for treason is a matter of debate.

Additionally, the concept of a responsible Prime Minister, which is being discussed by some, pertains to the extent of authority the Prime Minister can exercise, but it is not a term found in our Constitution.

Some legal experts believe that it is possible for the President to delegate authority to the Prime Minister through political agreements, but even in this case, there are no mechanisms to prevent the President from retracting that delegation and exercising the authority again at any time.

Even if the Prime Minister is granted the authority to direct and supervise the executive branch through a major political agreement, it is pointed out that it would be difficult for them to hold the same powers as the head of state in matters such as diplomatic activities or military command.

[Lee Hwang-hee/Sungkyunkwan University Law School Professor: "It seems difficult to definitively conclude that exercising the President's authority as head of the executive branch in accordance with his orders is unconstitutional, but on the other hand, the President's authority as head of state cannot be exercised by the Prime Minister unless they are the official acting authority..."]

It appears that we will need to observe further discussions between the ruling and opposition parties to determine the extent to which Prime Minister Han can operate state affairs and exercise presidential authority.

This is KBS News, Kim Tae-hoon.