Fix the imperial presidency swiftly

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Fix the imperial presidency swiftly

In the early hours on Sunday, President Yoon Suk Yeol was formally detained — a historic first in Korea, where previous cases of presidential detention involved only former leaders. The arrest of a sitting president is nearly unheard-of, even in less developed nations, and marks a somber tragedy for Korean politics as a whole, transcending partisan divides. How did the nation’s political system deteriorate to this point?
 
First and foremost, President Yoon’s detention is an undeniable consequence of the martial law declaration he unilaterally imposed, a reckless act that spiraled into a national crisis. On Saturday, the day prior to his arrest, Yoon appeared before the Seoul Western District Court for a substantive review of his arrest warrant, arguing that “a declaration of martial law is a presidential prerogative and cannot constitute treason.” The judge, however, dismissed this defense. Given the significance of an arrest warrant’s issuance within the judicial process, this decision offers a glimpse of how the court might approach Yoon’s likely indictment on charges of insurrection. With Yoon’s detention, the number of individuals arrested in connection to the martial law crisis now stands at 11, indicating that most key players in the crisis have faced legal repercussions. It is imperative that the judiciary render strict and impartial judgments on these cases. 
 
However, merely punishing those involved cannot lead to meaningful progress. The emergency martial law declaration exemplifies the deep flaws of Korea’s imperial presidency, where a single leader, blinded by personal delusions, propelled the government into chaos without meaningful checks or balances. Fortunately, the emergency lasted only six hours. Had the National Assembly blockade succeeded, Koreans could be living in an entirely different reality.
 
While this case represents an extreme example, Korea has long grappled with the toxic consequences of concentrated presidential power. Presidents have wielded significant influence over party nominations, reducing ruling party lawmakers to mere extensions of the executive office. Personal relationships with the president often dictate power dynamics, sidelining institutional governance while so-called power brokers dominate the political landscape. During presidential elections, a significant number of wasted votes marginalize opposition voices, leaving minority parties to spend the next five years solely opposing the government.
 
When a divided government emerges, as it often does, clashes between the presidency and the legislature further paralyze governance. The unprecedented move by the Democratic Party (DP) to introduce 29 impeachment motions — 13 of which passed the National Assembly — and the combined 34 vetoes issued by President Yoon and acting presidents during his administration underscore the dysfunction of a winner-takes-all presidential system. The polarizing effects of this system, exacerbated by a two-party structure, deepen societal divisions. Citizens disenchanted with both Yoon and DP leader Lee Jae-myung are left politically homeless. Establishing a pluralistic political system that empowers moderate voices is essential for societal health.
 
Yoon’s legal accountability must not remain confined to his personal culpability. The martial law crisis underscores the fundamental flaws of Korea’s political architecture and calls for a reassessment of the 1987 constitutional framework. The time has come for earnest discussions about restructuring the nation’s power dynamics to ensure a more resilient and equitable political system.
 
Translated using generative AI and edited by Korea JoongAng Daily staff.   
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