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🇰🇷 South Korea /Crime & Justice

Former President Yoon Suk-yeol's Sentence Increased to 7 Years on Appeal for Abuse of Power and Obstruction

From Hankyoreh · (5m ago) Korean Critical tone

Translated from Korean, summarized and contextualized by DistantNews.

TLDR

  • Former President Yoon Suk-yeol's prison sentence was increased to seven years on appeal for charges including obstruction of justice and abuse of power during his presidency.
  • The appellate court found him guilty of violating the deliberation rights of State Council members regarding the declaration of emergency martial law, overturning some of the first instance's acquittals.
  • The ruling emphasizes that even emergency powers must adhere to constitutional and legal procedures, subject to judicial review.

The Seoul High Court's decision to increase the prison sentence for former President Yoon Suk-yeol to seven years on appeal is a significant development, underscoring the judiciary's commitment to upholding constitutional order. At Hankyoreh, we believe this ruling sends a clear message: no individual, not even a former president, is above the law, and the exercise of emergency powers is not a license to disregard procedural safeguards.

The procedural obligations cannot be seen as relaxed even in the exercise of emergency powers such as the declaration of emergency martial law.

— Seoul High CourtThe court's statement emphasizing that emergency powers are still bound by legal procedures.

The appellate court's finding that Yoon violated the deliberation rights of State Council members in the process of declaring emergency martial law is particularly crucial. The court rightly rejected the defense's argument that such actions fall under 'political decisions' or 'governing acts' exempt from judicial scrutiny. By emphasizing that even in emergencies, the president must operate within the framework of the constitution and laws, the court reaffirms the principle of the separation of powers and the importance of due process.

Even the president's governing acts are subject to judicial review to determine if they constitute abuse of power.

— Seoul High CourtThe court's assertion that presidential actions, even in a governing capacity, can be reviewed by the judiciary.

This verdict is not merely about punishing a former leader; it is about reinforcing the integrity of our democratic institutions. The fact that the court overturned some of the first instance's acquittals and found Yoon guilty of additional charges, citing his poor post-conviction conduct and betrayal of his presidential duty, further strengthens the case against him. As Yoon faces further trials, including the main charge of leading a rebellion, this appellate ruling sets a critical precedent, ensuring that accountability remains paramount in South Korean politics.

The defendant's post-conviction circumstances are not good, as he has evaded responsibility from the investigation stage to the appellate trial.

— Seoul High CourtThe court citing the former president's lack of remorse as an aggravating factor.
DistantNews Editorial

Originally published by Hankyoreh in Korean. Translated, summarized, and contextualized by our editorial team with added local perspective. Read our editorial standards.

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