South Korea’s Supreme Court views that President Yoon Suk Yeol delegating his constitutional power to prime minister or other Cabinet members may violate the Constitution, according to the statement obtained by the main opposition party lawmaker.

According to the response from the Supreme Court obtained by Rep. Back Hye-ryeon of the Democratic Party of Korea, the country’s highest judicial instance saw “delegating powers to the prime minister or others in a way that only nominally exercises the president’s constitutional powers could conflict with the Constitution.”

Such a view suggests that Yoon’s “orderly resignation” proposed by People Power Party leader Han Dong-hoon and Prime Minister Han Duck-soo in their joint statement on Dec. 8 may conflict with the Constitution.

On Dec. 8, the two held a joint press briefing announcing that President Yoon would not be involved in state affairs including diplomacy, and that the prime minister assumes the powers of the president.

Article 71 of the Constitution stipulates that the prime minister and Cabinet members, in order, shall assume the presidential powers in the event of the president’s vacancy or inability to perform their duties.

The Constitutional Court and the Prime Minister’s Office agreed that the current Constitution does not provide a legal basis for the delegation of presidential powers and that the prime minister can only assume presidential powers under specific circumstances, such as illness or impeachment.

In a written response sent to Rep. Baek, the Constitutional Court said there was “no other provision allowing the delegation of presidential power.”

The Prime Minister’s Office said, according to the written response obtained by Rep. Baek, "We understand that a responsible government system is not a system under the current Constitution and laws.