Fallen Justice, a Shadow Standing Above, Dike Trampled Under the Name of Law. The courtroom is bright, but justice lies on the floor. Hanmi Ilbo Graphics

On the 27th, Special Prosecutor Cho Eun-seok attempted to search and seize former Prime Minister Hwang Kyo-ahn on charges of sedition and incitement. The basis for this was none other than a single line on Facebook: "Arrest National Assembly Speaker Woo Won-shik." The special prosecutor interpreted this sentence as a signal for subversion of the state. However, an investigation attempting to prove sedition with a single sentence has already strayed from the realm of law. This is politics disguised as law, and control in the guise of justice.

Article 90 of the Criminal Code stipulates punishment for those who prepare, conspire, instigate, or incite sedition. However, this provision applies only to "acts that pose a realistic danger," not mere words. The Supreme Court clearly stated in a 1985 ruling that "simple acts of speech, publication, or assembly that are unlikely to lead to actual riots or rebellion cannot be considered incitement." 

Despite this, the special prosecutor is scrutinizing the language of the people in the 21st century, with the legal consciousness of over 60 years ago. No matter how forcefully they try to apply that outdated legal principle, the elements of a crime do not fit this case. This is not an investigation driven by law, but by intent.

Special Prosecutor Cho Eun-seok is a former prosecutor. He was once rumored to be a candidate for Prosecutor General during the Yoon Suk-yeol administration and was considered a principled individual. Yet today, as a special prosecutor appointed by the Lee Jae-myung administration, he is targeting former presidents and conservative figures.

It is unclear whether this change is due to the temptation of power or political pressure. What is clear, however, is that he is now speaking the language of power, not the language of law. The dual structure of acting according to the law on the surface and according to the will of power underneath symbolizes the current state of the judiciary.

Law is made of words. However, when those words lose context, the law becomes a weapon of politics. What the special prosecutor is doing now is cutting down justice with the sword of law. Freedom of speech and expression guaranteed by Article 21 of the Constitution is a mechanism to protect national security, not a pretext to protect power. The moment the state silences citizens in the name of national security, the rule of law becomes a mere facade of power, and democracy is left with an empty shell.

This case will not end with the investigation of one individual. If Hwang Kyo-ahn's post today becomes evidence of sedition, tomorrow a journalist's writing, and the day after tomorrow a citizen's comment will become evidence of a crime. A society that scrutinizes "inconvenient words" by the yardstick of the law has already lost its freedom. The longer that silence stretches, the less we can call democracy a "system." It is already a dictatorship clothed in legality.

The moment a single sentence becomes evidence of sedition, the law degenerates into the language of power. If Special Prosecutor Cho Eun-seok truly intends to work in the name of the law, he should look to the Constitution of 2025, not the precedent of 1961.

In a courtroom where the goddess of justice has fallen, the special prosecutor's shadow stood tall. However, history always records the opposite: "Power that masquerades as law does not last long."

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