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Don’t let a suspect serve as commander in chief

Published: 09 Dec. 2024, 19:59

Lee Ha-kyung
The author is a senior columnist of the JoongAng Ilbo.

President Yoon Suk Yeol is currently under investigation as a suspect on charges of alleged insurrection. His co-conspirator, former Defense Minister Kim Yong-hyun, has been placed under an emergency arrest. Yoon said, “I will not avoid legal and political responsibilities.”

But the National Assembly’s impeachment motion — the surest legal way to suspend Yoon from presidency — was dismissed as lawmakers of the governing People Power Party (PPP) boycotted the voting. And yet, they also supported “a thorough investigation and corresponding legal action.” The current situation, in which a treason suspect remains as the commander in chief, is extremely dangerous. The legislature has a duty to quickly resolve this contradiction.

President Yoon attributed his decision to “a sense of urgency as head of state” probably to avoid his responsibility for sending armed troops to the National Assembly to stop its exercise of constitutional power. Such a mindset reflects his conviction that the National Assembly is “a hub of criminals.”

The president personally called the first deputy director of the National Intelligence Service (NIS) and ordered him to “use this opportunity to make arrests to clean them up” by supporting the Defense Counterintelligence Command (DCC). The DCC commander, an alumnus of Yoon’s high school, gave the NIS official a list of about 10 politicians — including National Assembly speaker Woo Won-shik, PPP leader Han Dong-hoon and Democratic Party head Lee Jae-myung — and requested the spy agency to track down their locations for arrest. If this lawless operation had been successful, it would have effectively banned the legislature and political parties from engaging in political activities, as outlined in Yoon’s unconstitutional martial law decree. The separation of powers would have collapsed, and the country could have fallen into darkness where the president wielded dictatorship.

Dictators hate the National Assembly. Park Chung Hee dissolved it when he took power in the May 16, 1961 military coup. In October 1972, he disbanded it once again after declaring martial law in a self-coup. The Yushin (Restoration) Constitution, written to ensure his life-long rule, stipulated his power to dismantle the legislature.

On May 17, 1980, Chun Doo Hwan imposed nationwide martial law, massacred citizens in Gwangju and arrested three political leaders — Kim Dae-jung, Kim Young-sam and Kim Jong-pil — who were supported by the people at the time. Chun mobilized the troops to blockade the National Assembly and effectively dissolved it. In 1997, the Supreme Court convicted Chun of treason and insurrection, sentencing him to life imprisonment. “Preventing lawmakers from entering the National Assembly to convene its sessions is itself a crime of insurrection as it makes it impossible for the constitutional institution to exercise its power,” the Supreme Court stated in the ruling.

What Yoon did also constitutes the crime of insurrection. But he described his action as “causing anxiety and inconvenience” to the people. The president turned back the clock on this country’s democracy by half a century, and yet he thinks that committing the wrongdoing was as insignificant as a parking violation.

“There will never be a second martial law,” Yoon said. But who knows? He is a criminal who personally led an insurgency no one could have foreseen. The first deputy director of the NIS, who was ordered to arrest and clean up key politicians, worried about the possibility of “another military intervention like the emergency martial law.”

PPP lawmakers said, “We must not repeat the tragedy of paralyzing the state and suspending the constitutional governance by impeaching yet another president.” But it was Yoon who had attempted to suspend the constitutional rule by declaring unlawful martial law. After being pushed into a corner, he is now suspected of pushing the button to start a war with North Korea to secure a rationale for another martial law.

The PPP wants to block Yoon’s impeachment “for fear of suspending the constitutional governance.” We understand the PPP’s trauma from Park Geun-hye’s impeachment, but it was caused by the conflict of interests between individuals. What can the governing party do about the trauma of the people and allies from Yoon’s illegal martial law?

Before declaring martial law, Yoon had not warned the ally, the United States. The U.S. embassy in Seoul made dozens of calls to its Korean counterparts, but no one answered until after martial law was lifted. “Democracy is the foundation of the U.S.-Korea alliance,” said a White House National Security Council spokesperson in a statement. It means that without democracy, there is no alliance.

The Nuclear Consultative Group meeting between Seoul and Washington was canceled and joint military exercises were postponed. The U.S. defense secretary’s planned visit to Korea was also cancelled. It’s time for close communication during the power transition in the United States. But dark clouds are cast over the security of Korea. The economy also shakes as uncertainty increases. Yoon cited “the elimination of antistate, pro-North Korean forces” as the reason for the martial law. But who are such forces here in Korea?

The ruling and opposition parties must put aside their greed and organize an orderly transition of power. That’s the way to save the country and protect our hard-earned democracy. Above all, Yoon, who has lost self-control, must retreat quickly and be deprived of his power to command the military. “Even before stepping down, Yoon will not be involved in national affairs, including diplomacy,” said PPP leader Han. But no law gave such power to the leader of the governing party. The president still exercises his power to appoint government officials. A legally binding way to suspend him from his active duty must be found. If another unexpected event occurs, who can handle it? The PPP leader must squarely face reality before it’s too late.

Translation by the Korea JoongAng Daily staff.