Special Prosecutor Cho Eun-seok's special investigation team for rebellion has requested a 10-year prison sentence for President Yoon Suk-yeol. This is not a lawful judicial process and is an intentional reversal of order. [Photo=Yonhap News]

The special investigation team for rebellion, led by Special Prosecutor Cho Eun-seok, whose legal basis has been subject to ongoing debate, has requested a 10-year prison sentence for President Yoon Suk-yeol. 

As specific penalties were presented—5 years for obstruction of arrest, 3 years for infringement of the deliberation rights of cabinet members, and 2 years for forging documents—the media simultaneously reported breaking news, calling it the "first sentencing related to the December 3rd martial law." However, this scene is difficult to regard as a normal judicial process.

Special Prosecutor Ignores Judicial Process... Pushes for Sentencing on Peripheral Charges

The main trial for the rebellion charge is still ongoing. The factual determination of whether President Yoon is the ringleader of the rebellion has not even been confirmed. Despite this, the special prosecutor has rushed to request sentencing for peripheral charges before a ruling on the main charge.

This is not a lawful judicial process and is an intentional reversal of order. If the rebellion is not established, the President's side's claim that the arrest warrant itself was an unlawful exercise of state power gains strength. Why did the special prosecutor go ahead with the sentencing, bypassing this core issue?

The special prosecutor repeatedly used phrases such as "unprecedented crime," "privatization of the security service," and "lack of remorse." However, no judicial decision has yet been made regarding the most essential issue: whether the rebellion charge is established.

If it is not a rebellion, President Yoon's side's argument that the arrest warrant in question was itself an unlawful exercise of state power carries legal weight. Nevertheless, the special prosecutor is deliberately ignoring the essential core issue and rushing to request sentencing for peripheral charges. This is not a judicial process based on substantive facts, but rather a predetermined sentencing, where the conclusion is decided first and the process is fitted accordingly.

Attempt to Align Judiciary with Political Schedule... The Problem is the 'Rebellion Special Prosecutor Act'

The root of the problem lies within the Rebellion Special Prosecutor Act itself.

This law was primarily enacted by the Democratic Party of Korea, and 43 chief justices publicly raised concerns about its unconstitutionality. Nonetheless, for an unconstitutional special prosecutor based on this law to directly indict the President, who is the head of state and head of the executive branch under the Constitution of the Republic of Korea, is a clear illegal act that negates constitutional values.

The movement to expedite peripheral charges, pushing aside the main charge based on the special prosecutor law that stipulates sentencing within six months of indictment, can only be seen as an attempt to align the judiciary with the political schedule.

The silence of the judiciary is also a cause for concern.

Despite the special prosecutor's political intentions being so overt, the court has consistently remained a bystander without raising any issues. Where has the principle of judicial independence gone? The political circle that ignored the chief justices' warnings of unconstitutionality, and the judiciary's silence in response, shake the foundation of the rule of law.

Fairness Controversy in Preparation for Lee Jae-myung's Legal Risks

In particular, the controversy over fairness intensifies when compared to the legal risks surrounding Lee Jae-myung. While Lee Jae-myung is undergoing trials for numerous charges including Daejang-dong, Baekhyeon-dong, Ssangbangul, and suborning perjury, the special prosecutor allied with him exclusively aims to remove President Yoon.

The Rebellion Special Prosecutor Act has significant grounds for unconstitutionality, and strong doubts are raised about the legitimacy of the special investigation team formed based on it. A sentencing by a special prosecutor whose legitimacy is shaky cannot possess legal or moral authority.

If the judiciary, which has long been unable to shed the stigma of being a "servant of power," continues to remain silent as it is now, it will receive a historical evaluation as "a judiciary that has always served power."

Will the judiciary ultimately become Lee Jae-myung's accomplice, cowardly trampling on the constitution and becoming sinners of history? Or will it stand as the last bastion of the rule of law and stop this madness?

Lee Jae-myung and the Democratic Party of Korea have already seized control of the courts, prosecution, and media. They are now pushing forward on the path to permanent rule, using the law as their tool.

Using the special prosecutor law and impeachment motions as weapons, they are politically purging all forces that are critical or resistant to them. Regime change is the only answer.

Lee Jae-myung, who illegally usurped power, must be removed as soon as possible. This is the only way to save the Republic of Korea. Resume Lee Jae-myung's trial!

 Hanmi Daily Editorial Department