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The first-instance verdict sentencing President Yoon Suk Yeol to life imprisonment has significantly expanded the legal framework of sedition, going beyond a simple guilty verdict.
The court focused on the "purpose of subverting the constitution" rather than whether martial law actually collapsed state functions, and deemed the deployment of troops to the National Assembly and the National Election Commission as sufficient force to pressure constitutional bodies.
This is an interpretation that prioritizes directionality over outcome, and potentiality over actualized violence.
The significance of this ruling stems precisely from this expanded criterion.
Sedition has traditionally been understood as the most serious crime that fundamentally destabilizes the state order.
However, this ruling has broadened the threshold for sedition from actual acts of destruction to the stage of purpose and potential force.
Legally, this may be a consistent interpretation.
The issue is whether this criterion is being applied equally to all branches of power.
If purpose is the criterion, then the direction of the exercise of power should be questioned not only for the executive branch but also for the legislative and judicial branches.
The National Assembly, based on its overwhelming majority, has repeatedly pursued impeachment proceedings against the executive branch. Impeachment is a power granted by the constitution.
However, the more it is repeated, the more the executive branch is placed in a state of constant political distrust, and policy implementation is delayed.
If the court recognized the mere deployment of troops as a form of force, then repeated impeachments that structurally pressure the functions of constitutional bodies should also be subject to review from the perspective of how power is exercised.
The moment an act is justified solely by the existence of authority, the balance of legal principles begins to crumble.
The debate over increasing the number of Supreme Court justices can be understood in the same context.
The situation where legislation altering the composition of the judiciary is pursued without consultation with the opposition party is not merely a matter of political speed.
Asking whether there is a tendency to exert long-term influence on the judicial structure is the minimum question to protect the constitutional order.
If "potential intent" has entered the realm of legal judgment in the determination of sedition, then legislation that reshapes the judicial structure should also be subject to the same criteria.
The debates surrounding elections reveal deep distrust in Korean society.
Regardless of the truth of allegations of election fraud, it is also true that the verification demanded by a significant portion of the public has been repeatedly excluded under political stigma.
Trust is not restored by mere declarations of "no issues." The debate only ends when a verifiable structure is created.
If the concept of force includes not only the exercise of physical power but also the structure that pressures constitutional bodies, then a political environment that institutionally blocks demands for verification should also be evaluated as a method of power exercise.
The most paradoxical scene left by this ruling is that the weight of sedition seems to have become lighter.
While the deployment of troops to the National Assembly and the National Election Commission was recognized as force, the legislative branch's repeated pressure on executive functions and attempts to alter the judicial structure based on majority rule still remain in the realm of politics.
If only sedition is expanded, without even raising the debate of abuse of power, the message felt by the public is simple: the perception that the most serious crime is being interpreted most broadly.
History shows that majority rule does not always protect democracy.
There have been instances worldwide where elected legislatures have shifted the balance of power through legitimate procedures.
There is no need to conclude that Korea is following the same path.
However, if the most stringent legal principles are applied to the executive branch solely on the basis of "potential," while only "politics" is given as an explanation for the directionality of legislative power, then the scales of the rule of law may have already begun to tilt.
If sedition is a crime of intent, then abuse of power is also a matter of intent.
If force is a structure that pressures constitutional bodies rather than the realization of physical power, then that criterion should not be limited to a specific branch of power.
If martial law became sedition, we must ask whether legislative excesses can also be exempted with the mere label of "democracy."
The rule of law does not begin with severe punishment.
It is only when we ask questions with the same criteria that balance is restored.
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대통령제에서는 계엄은 대통령의 고유권한으로 계엄은 국가를 바로세위기위한결단이다 이새끼판사나부랭이가 내릴판단이 아니다. 이새끼는 약점이 잡혀서 작업친거다
불의한재판관은 지옥이지
지귀연은 역사의 죄인으로 영원히 기억될 것이다.
대한민국에 무슨 민주가 있다고 민주 타령인가?결국 민주는 사치고
약육강식의 힘쎈놈들만이 활개치는 원시시대로 돌아갔다, 아직도
조희대라는자가 재판을 재개하거나 뒤집을지 모른다는 헛소리하는
유투버가 있어 실소하게 만든다,
견찰 떡검 판새 모두 로봇이 하는게 국민분열을 예방하는 길임 ㅋ 특히 꼴통 순출 견찰 새끼들은 ㅋ
형법 제20조 법령에 의한 행위 적용 누락
국민이 죽어야 나라가 살겠네~~ 우리 함께 죽어봅시다ㆍ
귀여니 이자도 정치적 개판사 이름에 올려 놓자
이런자한테 기각을 기대했다는게 어리석었다, 이 자는 지난 선거에서 풀로 붙인 가짜 투표지를 자신이 직접 보며 겪고서도 부정선거 척결을 위해 발동한
비상계엄에 무기형을 때리는 포악무도한자다,이는 국민의 피눈물나는 부정선거
척결을 위한 노력에 찬물을 끼얹는 반법치의 반역자들에 부화뇌동하는 공범이다,