Prime Minister Han Duck-soo, left, and ruling People Power Party (PPP) leader Han Dong-hoon enter the party headquarters in Seoul, Sunday, to deliver a joint address about their plans for state management and removal of President Yoon Suk Yeol over his short-lived martial law fiasco. Yonhap

The ruling party and prime minister's announcement suggesting President Yoon Suk Yeol's "orderly resignation" is facing growing criticism, as legal experts argue that it constitutes another violation of the country's Constitution.

Additionally, efforts to restrict presidential authority face legal limitations as the president remains commander-in-chief and retains control over the military.

According to experts, the concept of an orderly resignation, which implies an early resignation and exclusion from presidential duties, is not supported by the Constitution.

They pointed out that under the current legal framework, a president cannot transfer or delegate authority while in office, stating that the only constitutional means to suspend presidential powers is through impeachment or resignation.

"The terminology they are using is incorrect, and it is disrupting the constitutional order," said Han Sang-hee, a law professor at Konkuk University.

"It seems as though the prime minister is effectively taking over the president's duties and powers, which is essentially tantamount to usurping presidential authority."

Han further stressed that under the Constitution, impeachment is the only legal mechanism to suspend a president's authority, citing that the Constitution provides a framework for the National Assembly to hold the president accountable through this process.

Ruling People Power Party (PPP) leader Han Dong-hoon and Prime Minister Han Duck-soo jointly addressed plans on Sunday to stabilize the government following Yoon's surprise declaration of martial law last week.

While both agreed with public sentiment that Yoon should be excluded from his duties, they announced that the prime minister would work with the ruling party to ensure that the administration of state affairs proceed without any disruptions.

Attorney Noh Hee-bum criticized the ruling party's involvement in state affairs, calling it inappropriate and unconstitutional.

"A political party is not a state agency but a political organization that represents and conveys public opinion to state institutions," Noh said.

"How can a political party directly intervene in state affairs or execute administrative powers? Such actions are entirely unjustifiable."

Former Interior Minister Lee Sang-min leaves the Government Complex Seoul, Wednesday, after an emergency meeting with senior officials amid President Yoon Suk Yeol's short-lived martial law. Yonhap

Still in charge

Prior to the two Hans' statement, Yoon publicly apologized for the confusion caused by his martial law declaration, pledging to hand over state affairs to the prime minister and the ruling party.

Chung Tae-ho, a law professor at Kyung Hee University, criticized the ambiguity of Yoon's public address, saying it can only be understood as a simple political declaration.

"Since Yoon is in office, he is still in charge of state affairs as the president legally," Chung said.

"It is not constitutional to say that while in the presidency, he will delegate state affairs. It is just a political declaration or promise. He made such remarks, but the president has legal authority."

Former Interior Minister Lee Sang-min resigned on Sunday, and the president swiftly accepted his resignation, just a day after his public address pledging to step back from state affairs.

The Democratic Party of Korea criticized Yoon's continued exercise of executive power, accusing the president, who faces allegations of treason, of undermining his commitment to delegate responsibilities.

Criticism intensifies that Yoon's exclusion from duties is merely superficial, as it has been revealed that he continues to exercise his authority over personnel decisions.

He dismissed Hong Jang-won, former first deputy director of the National Intelligence Service (NIS), and appointed Oh Ho-ryeong, a special adviser to the NIS director, as his successor.

"If this situation continues, it will inevitably lead to actions that are difficult to justify under the law," Chung said.

Concerns are also growing over uncertainty and potential chaos regarding the control of Korea's military forces, which constitutionally remain under the authority of the president.

The Ministry of National Defense confirmed that Yoon retains command of the military as commander-in-chief, despite being under investigation on treason charges.

This further highlights the limitations of the ruling party and prime minister's pledge to oversee diplomacy and national defense, as the president's constitutional authority over the military cannot be delegated.