The Korea Herald

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President impeached. What happens to all the perks?

Presidential benefits to be stripped in event of confirmed impeachment or insurrection conviction; Civil servant pension to be untouched

By Choi Jae-hee

Published : Dec. 16, 2024 - 20:42

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President Yoon Suk Yeol delivers a speech at his residence in Seoul, Saturday. (Yonhap) President Yoon Suk Yeol delivers a speech at his residence in Seoul, Saturday. (Yonhap)

In South Korea, former presidents are entitled to various retirement privileges, including a pension equivalent to 95 percent of their annual presidential salary, a staff of up to four people, lifetime health care benefits as well as logistical support.

However, President Yoon Suk Yeol, who was suspended from his duties following his impeachment by the National Assembly on Saturday, will lose most of these benefits should the Constitutional Court confirm his removal from office.

Under the Former Presidents Act, ex-heads of state are ineligible for the privileges afforded them if they are impeached or sentenced to a prison term following a criminal conviction. Those who seek asylum in a foreign country to evade a criminal investigation or forfeit their Korean nationality are also deprived of all benefits.

Only "essential security and protection for a designated period" will be provided to troubled former leaders, with 25 to 30 security personnel assigned for up to 10 years. Former President Park Geun-hye, who was impeached in 2017 and convicted of graft and abuse of power, receives this level of security.

Yoon, who is facing criminal investigations for potential insurgency charges related to his Dec. 3 declaration of martial law, may face a similar fate.

But even if he is ousted by the court, he will still be eligible for a retirement pension for the period he served as a prosecutor, according to Yang Hong-seok, an attorney at law firm Yi Gong.

“The current Public Officials Pension Act does not include any provisions that revoke or limit pension eligibility for an impeached president who previously served as a public official, like Yoon. This means Yoon is likely to receive a civil servant pension,” the attorney told The Korea Herald.

Yoon, before becoming president in 2022, served as a public prosecutor for 27 years, including a stint as the prosecutor general from July 2019 to March 2021.

Regardless of whether Yoon faces criminal punishment related the martial law declaration, he is still expected to remain eligible for the benefits for retired public officials, the attorney added.

If Yoon is convicted of treason and sentenced to a prison term of more than a year, all privileges granted to former presidents, from pension benefits to support staff, would be revoked. This would still hold true even if the Constitutional Court does not uphold his impeachment.

Meanwhile, despite the suspension of his duties as president, Yoon’s monthly salary of 21.24 million won ($14,800) will be paid as usual in accordance with the State Public Officials Act.

Amid growing criticism over the impeached president’s continued salary, Rep. Park Yong-gap of the main opposition Democratic Party of Korea proposed a bill to completely withhold the salary of any public official who is impeached.

Some lawyers are also calling for legislation regarding the pension eligibility of an impeached president who was a former public official.

"Since there is no precedent of an impeached president who was a former public official like Yoon, even with strong public opposition he will receive a civil servant pension as outlined in the current law," commented a lawyer who wished to remain anonymous.

"Legislation or amendments to the law regarding whether a pension should be granted in cases like Yoon's are necessary."