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<Korean News> The Tragedy of the First-Ever Arrest of a Sitting President in Constitutional History.

ONLINE-KOREA

A tragic incident has raised doubts about whether South Korea is truly a nation governed by the rule of law.

President Yoon Suk-yeol was arrested on the 19th by the High-ranking Officials Criminal Investigation Office on charges of "leading a rebellion." This occurred 47 days after the declaration of the "12.3 Martial Law" and four days after his arrest by the investigative office.

This marks the first time in the nation's constitutional history that a sitting president has been arrested.


<Citizens Gather at Seoul Western District Court>
<Citizens Gather at Seoul Western District Court>

Regarding President Yoon, who was arrested on charges of leading a rebellion and obstructing the exercise of official duties, Chief Judge Cha Eun-kyung of the Seoul Western District Court stated that the reason for the arrest was the risk of evidence tampering.


However, this action is difficult to accept as it appears to be a violation of the constitution and the principles of the rule of law.

The proclamation of the "12.3 Martial Law" was simply an act to inform the public of a national emergency situation, as part of the emergency powers granted to the president by the constitution.

The fundamental constitutional theory posits that such a proclamation of martial law cannot be subject to judicial evaluation by investigative agencies or the courts.


Therefore, there have been numerous assertions that it is absurd to classify the actions of a sitting president, who holds the highest constitutional office, as a criminal act of rebellion.



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