South Korea’s Constitutional Court has overturned the impeachment of the public safety minister who was ousted over a Halloween crowd surge that killed nearly 160 people in the capital Seoul.

The court’s decision allows Lee Sang-min to return as the minister of the interior and safety.

Vice minister Han Chang-seob has served as acting minister since February when South Korea’s opposition-controlled parliament voted to impeach Mr Lee, saying he should be held responsible for the government’s failure to employ effective crowd control measures and its botched emergency response, which contributed to the high death toll in Itaewon.

Mr Lee, 58, is seen as a key ally of conservative President Yoon Suk Yeol, whose office welcomed the decision and had accused the opposition liberals of creating “shameful history” by pushing for his impeachment.

South Korea Crowd Crush
South Korea’s Constitutional Court Chief Justice Yoo Nam-seok delivered the ruling (Yonhap via AP)

In rejecting the parliamentary impeachment of Mr Lee, the court said he could not be held chiefly responsible for the crowd crush, which it said reflected broader failures across different government organisations to “develop a combined ability to respond to large-scale disasters”.

There is not enough evidence to prove that Mr Lee failed to carry out his legal and constitutional duties as a government official to protect the safety and lives of citizens, the court said.

Mr Lee was the first Cabinet minister impeached by the National Assembly, which took the same action against conservative president Park Geun-hye in 2016.

The Constitutional Court formally removed Park from office in March 2017 by upholding lawmakers’ decision to impeach her. She was imprisoned for corruption before her liberal successor, Moon Jae-in, pardoned her in December 2021.

Following a 74-day investigation into the crowd crush in January, a special investigation team led by the National Police Agency concluded that police and municipal officials in Seoul’s Yongsan district failed to plan effective crowd control measures despite correctly anticipating huge crowds of Halloween revellers in Itaewon.

Police also ignored emergency calls placed by pedestrians who warned of swelling crowds before the surge turned deadly on October 28.

Officials also botched their response before people began getting knocked over and crushed in a narrow alley near Hamilton Hotel and failed to establish control of the scene and allow paramedics to reach the injured in time, according to the investigation.

South Korea Crowd Crush
Relatives of victims of the crowd crush gathered to denounce the judgment of the Constitutional Court (Yonhap via AP)

Police have pursued criminal charges, including involuntary manslaughter and negligence, against 23 officials — about half of them law enforcement officers — over the lack of crowd controls and safety measures in Itaewon.

But critics, including opposition politicians and families of the victims, have claimed that police investigators went soft on the higher members of Mr Yoon’s government, including Mr Lee and National Policy Agency Commissioner General Yoon Hee-keun, who had faced calls to resign.

Despite anticipating a crowd of more than 100,000, Seoul police assigned 137 officers to Itaewon on the day of the crush.

Some experts have called the crush a “manmade disaster” that could have been prevented with fairly simple steps, such as employing more police and public workers to monitor bottleneck points, enforcing one-way walk lanes and blocking narrow pathways.

Mr Lee faced huge criticism shortly after the crowd crush after he insisted that having more police and emergency personnel on the ground would not have prevented the tragedy in Itaewon, in what was seen as an attempt to sidestep questions about the lack of preventive measures.