[The Editors' Verdict]Politics Surrounded by the "Time of the Judiciary"
The declaration of martial law by President Yoon Suk-yeol and the ensuing impeachment crisis have led to a situation where South Korean politics is entirely surrounded by the judiciary. It is even more disheartening that a ‘countdown politics’-like scenario has emerged, where citizens' choices might be determined not by the judicial verdict itself but by the speed at which the judgment is reached.
The clock for the next presidential election, assuming the impeachment is upheld, is set no later than around August next year. This is because the Constitutional Court Act mandates that the impeachment trial must conclude within 180 days, and if the president is removed from office, a presidential election must be held within 60 days thereafter. President Yoon’s bizarre declaration that he will “never give up” expresses his intention to fiercely engage in political struggle during the Constitutional Court’s impeachment trial process, which precedes the rapidly advancing investigations, indictments, and subsequent court hearings. Regardless of the principles or purpose of the Constitutional Court’s trial, President Yoon is likely to prolong the situation by meticulously reconstructing the case in the smallest units and persistently challenging the legal and political interpretations of the definitions of rebellion and the criteria for determining the presence of rebellious intent, turning the crisis into a battle against time.
It goes without saying that the pro-Yoon mainstream faction of the People Power Party, which ousted former leader Han Dong-hoon and took control of the party, also sees extending the Constitutional Court’s timeline as an urgent priority. From a position where they previously criticized Lee Jae-myung, leader of the Democratic Party of Korea, for delaying trials, they now find themselves having to adopt his tactics?whether tactical or not?to block him. Lee, who is the counterpart in this time battle, has begun to delay the trial even more overtly than before. Ahead of the appeal trial for the violation of the Public Official Election Act, he has neither submitted a notice of attorney appointment nor even accepted the notification of receipt of litigation records, a trick to postpone the operation of the litigation process as long as possible. Based on past cases, this can secure roughly two months before the trial even begins.
South Korean politics has thus become so murky that it is forced into a time battle lasting only a few months. Behind the next presidential election opinion polls, where Lee maintains the top suitability ranking and former leader Han is trailing, lies an unignorable level of unfavorable ratings. The toxic political environment, which makes it difficult to find alternatives or blocks the search for alternatives regardless of party, forces many who want to take their time and make more rational choices to accept distorted options.
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From now on, whether we like it or not, it is the time of the judiciary. If the judiciary can correct politics even slightly, that may not necessarily be a bad thing. There is only one way. The Constitutional Court conducting the impeachment trial and the courts handling Lee’s case must each draw conclusions as swiftly and decisively as possible according to principles. Citizens have the right to be presented with somewhat orderly options and standards for judgment through this process. Conversely, if even one side loses balance or is suspected of doing so, reckless politics of hatred will be repeated?politics that goes to extremes and ultimately betrays the citizens.
President Yoon Suk-yeol and Lee Jae-myung, leader of the Democratic Party of Korea. Photo by Yonhap News Agency
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