Legal Community: "Assault on the Judiciary is a Challenge to the Rule of Law"

Yoon Supporters Attack Western District Court
Legal Community and Experts Criticize
"Serious Threat to Judicial Independence"
"Disrupting the Constitutional Order"
Police Also Criticized for 'Security Failure'

On the 19th, criticism from the legal community continued regarding the ‘court assault incident’ carried out by supporters of President Yoon Seok-yeol protesting his arrest. Experts demanded thorough punishment and measures to prevent recurrence. The fact that the Supreme Court’s highest decision-making body, the Justices’ Meeting, held an emergency session on the 20th to discuss this incident itself demonstrates the severity of the situation. Following President Yoon’s declaration of martial law and the intrusion of soldiers into the National Assembly (legislative branch), the judiciary?one of the three pillars of the state?being occupied and destroyed by ‘rioters’ is not an issue that can be overlooked.

President Yoon Suk-yeol was arrested on charges of leading an insurrection, and on the afternoon of the 19th, some supporters of President Yoon broke into the Seoul Western District Court, causing an illegal violent incident. The interior of the Western District Court was damaged. Photo by Yonhap News

The Lawyers for a Democratic Society (Minbyun) stated in a position paper, "This riot is an unprecedented event aimed at destroying the judicial order, a crucial pillar of democratic society, and an act that completely denies democracy and the rule of law," adding, "Those who led and participated in this riot must be held strictly legally accountable." Professor Cha Jin-ah of Korea University Law School said, "The essence of the Seoul Western District Court incident is dissatisfaction with the court that issued the arrest warrant," and added, "Some citizens openly threatened judges and damaged the court, which seriously threatened not only judicial independence but also the independence of the judiciary." Professor Cha further stated, "This incident is a behavior that could only be seen in underdeveloped countries and is absolutely unacceptable," and "Their actions may constitute serious crimes such as riot." Attorney Noh Hee-beom, who served as a researcher at the Supreme Court and Constitutional Court, also said, "It is an unprecedented event in constitutional history that ordinary citizens staged a riot against the court," defining it as "a serious criminal act that completely denies the rule of law in the Republic of Korea and disrupts the constitutional system." Attorney Noh also emphasized, "Those involved must be severely punished to prevent any recurrence of acts that paralyze the exercise of state power."

The incident that occurred on the 19th at the Seoul Western District Court was a tragedy rarely seen in our history. Around 3 a.m. that day, when news broke that an arrest warrant for President Yoon had been issued, hundreds of agitated supporters surged mainly toward the back gate of the court, and the police began to be overwhelmed. Initially, about 2,900 riot police were deployed ahead of the warrant’s substantive hearing, a measure to prepare for a protest crowd of up to 40,000. However, around 6:50 p.m., after the hearing concluded, most of the riot police were withdrawn, leaving only about 780 officers. Taking advantage of the police withdrawal, the crowd, which turned into rioters, rushed into the court, causing the situation to spiral out of control. Therefore, while the primary responsibility for the extreme violence lies with some supporters of President Yoon facing criminal charges, there are also criticisms of the police for ‘security failure.’ It is argued that the police preparedness was too lax given the expected strong backlash from supporters.

Although the police suppressed the incident, scars remain throughout the court. As Cheon Dae-yeop, the Supreme Court’s Court Administration Office Chief, who conducted an emergency on-site inspection at the Seoul Western District Court, said, "The damage to property inside the court was ten to twenty times worse than expected or seen on TV," adding, "In my 30 years as a judge, I never anticipated or witnessed such a situation." Inside and outside the legal community, there are also claims that provocative remarks and incitement by some far-right figures and YouTubers contributed to the escalation of the protests. Pastor Jeon Kwang-hoon reportedly held a ‘National Sunday Union’ service in front of Donghwa Duty-Free Shop in Gwanghwamun the day before, stating, "The right of popular resistance is above the constitution," and "The right of popular resistance has been activated." This scene was broadcast live by YouTubers.

The police arrested 86 people at the scene on charges of being caught in the act. The prosecution also stated that "arrest and investigation are the principle." In addition to the ‘riot’ at the Western District Court, some were arrested for attacking the Corruption Investigation Office vehicle and illegally invading the Constitutional Court. The prosecution and police may apply charges such as violation of the Assembly and Demonstration Act, trespassing, and obstruction of official duties. For some, the application of the more severe charge of riot is also being considered.

This content was produced with the assistance of AI translation services.