[The Only Holder of Power in Korea Is the People]

Overcoming the Crisis of Dictatorship Through the Power of Citizens
Elected Officials Are Merely Agents of Authority
All Power Derives from the People

Citizens who supported the impeachment cheered the Constitutional Court's removal ruling in the Anguk-dong area of Jongno-gu, Seoul, on April 4, when the Constitutional Court ruled in favor of the impeachment case against President Yoon Seokyeol. Photo by Kim Sungmin, Yonhap News

On the night of December 3, former President Yoon Seokyeol declared martial law. However, citizens blocked the martial law troops, and lawmakers climbed over the walls to enter the assembly hall, resulting in the lifting of martial law after just 150 minutes. Former President Yoon did not immediately accept the lifting of martial law. According to multiple military commanders, he reportedly said that he would not hesitate to declare a second or even a third martial law. However, the military did not follow his orders, and he eventually announced the lifting of martial law. It is a scene from that day that everyone remembers.

Perhaps in the chaos of that day?one that many will never forget, not for years, perhaps for a lifetime?the Facebook post by criminal law scholar Professor Han Inseop brought comfort and courage to many people. In seven concise but clear points, the post explained why martial law could not be established, why it constituted insurrection, and what responsibilities would follow for those who complied with such orders. Han Inseop has now published 'Beyond Martial Law and Insurrection: The Story of the Constitution Written by the People.' The book documents the process of martial law and its lifting, impeachment, and the Constitutional Court's ruling that we all experienced together. It also contains explanations of the constitutional provisions that the people had to confront as constitutional scholars during that period, along with their backgrounds.

Through this insurrection, we witnessed the true face of elite authoritarianism. Former President Yoon and the ruling party suffered the worst general election defeat in the party's history after a series of blunders. Public sentiment judged that the Yoon administration was heading down the wrong path. Nevertheless, instead of reflecting on their actions, they denied the will of the people by framing the election as fraudulent. Eventually, they declared martial law to paralyze the National Assembly and attempted unilateral rule. The emergency legislative body that Yoon tried to establish is evidence of this. He attempted to defy public sentiment and pursue dictatorship.

This attempt was thwarted by the people from beginning to end. When martial law was declared, citizens immediately flocked to the National Assembly and blocked the soldiers. The memory of Gwangju saved us from the crisis of dictatorship. At every crossroads during the impeachment period, citizens took to the streets to defend democracy. This was reflected in the Constitutional Court's impeachment decision: "The reason the National Assembly was able to swiftly pass a resolution demanding the lifting of martial law was due to citizens' resistance and the passive performance of duties by the military and police, and this does not affect the assessment of the gravity of the respondent's legal violations." The Constitutional Court made it clear that it was the sovereign people who prevented the crisis of democracy through the impeachment trial of former President Yoon.

The Supreme Court's decision to remand the case of a leading opposition presidential candidate for retrial will also be recorded as a symbol of the collapse of elitism. The Supreme Court rendered an en banc ruling at an unusually rapid pace, even as it pushed procedural boundaries. Of course, this is not illegal. The fact that it was unusual does not in itself mean there was a problem. There is no legal restriction preventing the Supreme Court from issuing an en banc decision in nine days. If the public had accepted this ruling, the Democratic Party's call for the impeachment of the Chief Justice would have faced a fierce backlash from public opinion.

There was no backlash. On the contrary, public sentiment criticized the Supreme Court. The people perceived the Supreme Court's decision as an attempt for the court, rather than the people, to choose the presidential candidate. This was seen as an attempt by the elite to stand above the people.

According to the author, there is only one entity with power under our Constitution: the people. Article 1 of the Constitution states, "The Republic of Korea is a democratic republic, and all power comes from the people." The president and the National Assembly merely hold authority; that authority is nothing more than an agency of power. On June 3, a new president will take office. That person, too, must not forget the constitutional principle that the people are the true holders of power, and that an agent can never stand above the principal.