"The proclamation of the December 3 Martial Law, the issuance of unconstitutional and unlawful decrees based on it, and actions such as mobilizing military forces and police officers to occupy and restrict access to the National Assembly and the National Election Commission, constitute acts of insurrection as defined in Article 87 of the Criminal Act."
On January 21, during the first trial of former Prime Minister Han Ducksoo, who was indicted on charges including engaging in key tasks related to insurrection, the court delivered this verdict. Throughout the sentencing, the court explicitly defined the December 3 Martial Law as the "December 3 Insurrection." Most of the charges against the former Prime Minister were found guilty, and he was sentenced to 23 years in prison-eight years more than the 15-year sentence requested by Special Prosecutor Cho Eunseok's team.
Although legal battles will continue in the appeals court and in the trial of former President Yoon Sukyeol, the most notable aspect of this verdict is the court's characterization of the December 3 Martial Law as an "insurrection from above." The so-called "palace coup," or insurrection from above, was deemed a far graver crime than an insurrection from below. The court ruled that an elected official's disregard for the Constitution and the law, and their engagement in insurrection, is a betrayal of the people's faith in democracy and the rule of law.
The Prime Minister, as the second-in-command of the executive branch, must fulfill duties commensurate with that authority. If the martial law was an unconstitutional measure, the Prime Minister, who was in a position to prevent it, should have fulfilled that responsibility. The court's ruling sends a clear message to all public officials. It underscores the weight of responsibility that public servants in the executive, legislative, and judicial branches must bear. Public officials must always reflect on the public duties entrusted to them and consider how best to serve the people. Only when such an attitude is ingrained among public officials can the nation make the right decisions for the country and its people, even in sudden crises like martial law.
After the December 3 Martial Law, we endured more than thirteen months of chaos and conflict. This verdict should mark the end of that period and serve as a turning point toward a new era. Politics must seek the path of dialogue and integration. The ruling and opposition parties remain divided over various issues, including the special prosecutor investigations into the Unification Church and Shincheonji. The leader of the main opposition party has been on a hunger strike for over a week. The ruling and opposition parties must come together again to find a compromise. To achieve this, the ruling party should take the initiative to yield and reach out first. When it comes to drafting bills and allocating budgets, the opposition rarely prevails; it is a losing battle. The ruling party should not try to claim everything. Politics functions only when the existence of the opposition is acknowledged and they are respected as negotiating partners.
Politicians must work for the people. The confession by one National Assembly member that "many politicians work for themselves or for the sake of politics itself" reflects the reality of Korean politics. Although politicians promise to serve the people during elections, those promises often become meaningless once the elections are over. It is up to the people to identify politicians who keep their promises. The upcoming local elections in June will be another opportunity for the public to demonstrate their ability.
The Korean economy is facing a complex crisis, making it difficult to predict even the near future. Citizens are struggling daily with issues such as the depreciation of the won, soaring prices, and shrinking job opportunities. Politicians and public officials must focus on resolving these problems. We must identify our structural issues and devise solutions. In the short term, we need to rigorously consider what countermeasures to implement. There is not much time left to safeguard our future.
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