[Political Reset]A Life Sentence Is a Common-Sense Judgment

"The defendants' acts of insurrection disregarded lawful procedures and, by ultimately resorting to violent means, rendered it impossible for the National Assembly to exercise its powers, thereby fundamentally undermining the core values of democracy and inviting severe criticism." With these words on the 19th, the 25th Criminal Division of the Seoul Central District Court (Presiding Judge Ji Guyoun) sentenced former President Yoon Suk Yeol to life imprisonment. This has settled the dispute over whether it was "insurrection" or not. The December 3 martial law is insurrection. This is not only about the current case; it is the court's consistent determination so far on "martial law."

On January 21, the 33rd Criminal Division of the Seoul Central District Court (Presiding Judge Lee Jinkwan), which sentenced former Prime Minister Han Duck Soo to 23 years in prison, held that "the proclamation order was issued with the purpose of disrupting the constitutional order, in that it sought to extinguish the functions of the Constitution and the laws by abolishing the parliamentary and party system and the warrant principle guaranteed by the Constitution, and by implementing licensing and censorship of the press and publications, which are prohibited by the Constitution." The bench ruled that the December 3 emergency martial law constituted an "insurrection from above," adding the explanation that "this type of insurrection is also called a so-called 'palace coup.'"

On February 12, the 32nd Criminal Division of the Seoul Central District Court (Presiding Judge Ryu Kyungjin), which sentenced former Minister of the Interior and Safety Lee Sangmin to 7 years in prison, reached the same conclusion. It found that there was intent to disrupt the constitutional order, citing acts such as attempting to paralyze the functions of the National Assembly, opposition party headquarters, and media outlets by blockading them; attempting to search and seize the National Election Commission without a warrant; and trying to obstruct the exercise of lawmakers' rights to deliberate and vote. It further recognized as a riot the acts of using military troops and police forces to occupy and control access to the National Assembly and the National Election Commission and to restrict their activities, on the grounds that these were acts in which many people joined together to exercise physical force and threaten harm.

As Presiding Judge Ji Guyoun noted in saying that it is "hard to find any sign of remorse," former President Yoon still appears not to fully grasp the reality he faces. His defense team's attempt to disparage the sentence as "nothing but a mere show" is in a similar vein. The former president's camp seems to believe that if they hold out by rallying their base, a political exit will eventually appear. However, the "December 3 insurrection" is fundamentally different in nature from the impeachment of former President Park Geun Hye. At that time, it was "anger toward an incompetent ruler"; this time, it is "the expulsion of a ruler who trampled the Constitution by force." The level of anger is far higher. Naturally, the sentence will be heavier, and it will take much longer for him to return to ordinary life. His lack of remorse only makes matters worse.

Listening to the court's explanation that "a presidential election had to be held again, and massive investigations and trials are underway involving countless people in connection with the follow-up measures to the proclamation of emergency martial law, and these social costs are, in the court's view, an immeasurable and enormous loss," leaves one with a heavy heart. Who will compensate the many people who suffered because of the absurd judgment of one foolish individual? Beyond the emotional wounds suffered by the public, there are self-employed people who were completely ruined because their loans could not be rolled over when work was paralyzed by the December 3 martial law; and public officials who, simply because they were present and followed orders, were suddenly branded as "insurrection forces" and lost their livelihoods. Taking into account not only the finding that "democratic values were undermined" but also the thought of those people wandering cold streets on winter nights, the life sentence is a commonsense ruling.