The Tamesis
December 17, 2024
Seoul – In South Korea, former presidents are entitled to various retirement privileges, including a pension equivalent to 95% of the president’s annual salary, a staff of up to four people, lifelong health care benefits, and logistical support.
However, President Yoon Seok-yeol, who was suspended from office after being impeached by the National Assembly on Saturday, will lose most of his benefits if the Constitutional Court confirms his removal from office.
Under the Former Presidents Act, former heads of state are not eligible for the privileges conferred upon them if they have been impeached or sentenced to imprisonment following a criminal conviction. Those who sought asylum in foreign countries to escape criminal investigation or lose their Korean citizenship were also stripped of all benefits.
The embattled former leader will be provided only “necessary security and protection for a specified period” and 25 to 30 security personnel will be assigned for up to 10 years. Former President Park Geun-hye, who was impeached in 2017 and found guilty of corruption and abuse of power, received this level of security.
Yoon, who faces a criminal investigation on potential rebellion charges related to the Dec. 3 declaration of martial law, could face a similar fate.
But according to Yang Hongxi, a lawyer at Yigong Law Firm, even if he is dismissed by the court, he will still be eligible to receive his pension while serving as a prosecutor.
“The current public employee pension law does not include any provision to revoke or limit the eligibility for the impeached presidential pension for former public officials such as Yoon. This means that Yoon may receive a public employee pension,” the lawyer told The Korea Herald .
Before becoming president in 2022, Yoon served as a prosecutor for 27 years, including as prosecutor general from July 2019 to March 2021.
Regardless of whether Yoon faces criminal penalties related to martial law, he is expected to remain eligible for retired public employee benefits, the lawyer added.
If Yoon is found guilty of treason and sentenced to more than a year in prison, all privileges enjoyed by the former president, from pension benefits to support staff, will be revoked. This remains true even if the Constitutional Court does not uphold his impeachment.
Meanwhile, despite being suspended from the presidency, Mr. Yoon's monthly salary of 21.24 million won ($14,800) will be paid as usual in accordance with the National Public Officials Act.
Amid growing criticism of the impeached president's continued paychecks, Rep. Park Yong-geop of the main opposition Democratic Party of Korea introduced a bill calling for the complete withholding of the salaries of all impeached public officials.
Some lawyers are also calling for legislation on the pension eligibility of impeached former public officials.
An unnamed lawyer commented: “Since there is no precedent for a president like Yoon to be impeached by a former public official, he will receive a civil servant pension under current law even if he encounters strong public opposition.”
“It is necessary to legislate or amend the law as to whether pensions should be paid in cases like Yin's.”
