The Current Issue — What Is Presidential "Haya"?

The Meaning and Importance of Presidential Haya

Presidential "haya" is a significant event that can destabilize a nation's political environment, making it essential to understand its meaning and process. Haya refers to the president's voluntary resignation from office before the end of their term due to public demand or political pressure. Unlike impeachment, which is legally enforced, haya is often a political decision made voluntarily. This post aims to provide an expert-level analysis of the definition, legal basis, procedures, and real-life examples of haya, offering readers a deep understanding of its implications.

 

Presidential haya is a voluntary decision for a president to resign from office, usually to take political responsibility.

 

Definition and Legal Concept of Presidential Haya

Definition of Haya

• Haya refers to a president's voluntary resignation to take political responsibility.
• It differs from impeachment as it is voluntary in nature and can be viewed as a subcategory of early resignation.

Legal Basis

• The term "haya" is not explicitly mentioned in South Korea’s Constitution. However, the legal procedures related to haya are implicitly governed by Articles 68 and 71 of the Constitution.
  • Article 68: If the presidency becomes vacant, a new presidential election must be held within 60 days.
  • Article 71: If the president is unable to fulfill their duties, the Prime Minister assumes the role of acting president.

 

Procedures and Methods of Haya

Haya Process

1. Declaration of Intention to Resign: The president typically announces their intention to resign through a public address or a speech at the National Assembly.
2. Submission of a Letter of Resignation: The president formally submits a resignation letter to the Speaker of the National Assembly or a constitutional body.
3. Declaration of Vacancy: Once haya is finalized, the president’s position becomes vacant, and the Prime Minister assumes the role of acting president.
4. Election of a Successor: If a presidential vacancy occurs, a by-election must be held within 60 days to elect a new president.

Operation of the Acting Presidency

• Upon the president's resignation, the Prime Minister assumes the role of acting president.
• The acting president does not have the authority to exercise certain exclusive presidential powers, such as the power to grant pardons or veto bills, focusing primarily on maintaining the stability of government operations.

 

Types and Causes of Haya

Voluntary Haya

• Political Responsibility: The president may voluntarily resign to take responsibility for political mistakes or policy failures.
• Health Issues: If health problems prevent the president from fulfilling their duties, they may choose to resign voluntarily.

Haya Due to External Pressure

• Pressure from Public Opinion: Large-scale public protests or anti-government demonstrations can force a president to resign voluntarily.
• Political Pressure: Pressure from political parties, including both the ruling and opposition parties, may compel a president to step down.

 

Legal and Political Significance of Haya

Legal Significance

• Since haya is a voluntary resignation, no legal sanctions or penalties are imposed on the president. Unlike impeachment, haya does not require a court ruling for the president to leave office.
• After haya, the president retains the right to receive a pension and other benefits as a former public official.

Political Significance

• Haya is often seen as a political decision that reflects the will of the people, offering a way to minimize social unrest.
• While it allows the president to demonstrate political accountability, it may also spark controversy during the process of electing a successor.

 

Real-Life Examples of Haya

Cases in South Korea

• President Rhee Syngman’s Haya (1960): During the April 19 Revolution, large-scale public protests broke out, prompting President Rhee Syngman to accept the people's demands and announce his resignation. This case is recorded as the first instance of a presidential haya in South Korea’s history.
• Discussion of Haya and the Impeachment of President Park Geun-hye (2017): While President Park Geun-hye was ultimately removed from office through an impeachment ruling by the Constitutional Court, there were widespread public demands for her voluntary resignation. This situation demonstrated the overlap and confusion between the concepts of haya and impeachment.

Cases from Other Countries

• President Richard Nixon, United States (1974): After the Watergate scandal, President Nixon resigned to avoid legal action and impeachment proceedings. This case is often cited as a classic example of presidential haya.
• President Fernando Collor de Mello, Brazil (1992): Amid allegations of corruption, large-scale public protests and an ongoing impeachment process led President Collor to announce his resignation before the impeachment ruling was finalized.

 

Social and Political Impact of Haya

Positive Impacts

• Minimization of Social Turmoil: By voluntarily stepping down, the president can prevent the long, drawn-out process of impeachment, thus saving time and reducing social tension.
• Resolution of Political Uncertainty: Once haya is declared, the process of electing a successor begins, which can reduce anxiety and stabilize society.

Negative Impacts

• Political Vacancy: The president's resignation leaves the position vacant, which can increase political instability.
• Social Conflict: During the by-election process, political rivalry between opposing parties may intensify, and social divisions could deepen.

 

Conclusion: Understanding and Prospects of Presidential Haya

Presidential haya is a voluntary decision for a president to resign from office, usually to take political responsibility. Unlike impeachment, haya is a political choice rather than a legally enforceable measure. Following haya, the role of acting president is assumed by the Prime Minister, and a by-election must be held within 60 days to elect a new president.

 

The causes of haya are diverse, including public demand, political pressure, and health issues. It serves as a compromise between political stability and social unrest. As seen in the cases of President Rhee Syngman in South Korea and President Nixon in the United States, haya functions as an essential mechanism in democratic societies, promoting the accountability of political leaders.