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Korea Herald
03-06-2025
- Politics
- Korea Herald
Will Yoon Suk Yeol meet same bitter end as his predecessors?
With ousted President Yoon Suk Yeol's trial set to run until mid-December, he won't face a verdict until almost seven months after new president is elected on June 3. The Criminal Act stipulates that those convicted of leading an insurrection face either death penalty or life imprisonment. Experts The Korea Herald spoke to said he was likely to be found guilty and face a prison sentence. 'Yoon's martial law declaration did not cause significant injuries or deaths like ex-President Chun Doo-hwan's Gwangju massacre in 1980. I expect the court to sentence him to life imprisonment rather than the death penalty,' a former research judge at the Constitutional Court Noh Hee-bum told The Korea Herald. Lee Yun-ju, a law professor at Myongji University, expected a similar fate for Yoon. 'I think Yoon, who is a former prosecutor, knows that he cannot be acquitted in the criminal trial. He continues to politicize the trial, like how he expressed his support for conservative party's presidential candidate Kim Moon-soo. Yoon plans to wait for a potential special pardon provided by the conservative People Power Party after the conservative party (hypothetically) retains power in the June 3 election,' said Lee. Though the ousted president's future remains uncertain until the Supreme Court of Korea to hand down its final verdict, Yoon is expected to become a part of the troubled history of South Korea's former presidents. Here is a list of presidents who once stood at the pinnacle of power and saw their careers end in disgrace. In 1995, former President Chun Doo-hwan and another former President Roh Tae-woo became the first two former presidents to be arrested. Chun, who not only seized power through a 1979 coup, but also masterminded the massacre that quelled the Gwangju Democratic Uprising in 1980, were indicted on charges of insurrection, treason, bribery and corruption in 1996. Roh, who became president by beating a divided field in the democratic election that followed Chun's ouster, was tried for his role in the 1979 military coup as well. Though Seoul District Court sentenced Chun to death and handed down a prison term of 22 years and six months to Roh with its first trial verdict, the Supreme Court of Korea reduced Chun's punishment to life imprisonment and Roh's sentence by five years. The two former presidents were pardoned by former President Kim Young-sam in 1997, after serving two years in prison. Two other former presidents — Park Geun-hye and Lee Myung-bak — have seen cases go all the way to a trial verdict. Park, the first elected president to be removed from office by the Constitutional Court, was indicted on multiple charges, including bribery, abuse of power and coercion in 2017. In its 2018 ruling, the court found Park guilty of 16 out of the 18 charges and sentenced her to 24 years in prison. Park spent four years and nine months behind bars, as she was pardoned by her successor, President Moon Jae-in. Ex-President Lee was charged in April 2018 on 16 criminal counts including embezzlement and bribery. A district court found him guilty of seven counts and sentenced him to 15 years in prison in its first trial verdict in October 2018. However, Lee only spent two years and six months in prison, as he was pardoned in 2022 by former President Yoon. Former President Roh Moo-hyun died by suicide amid an investigation targeting him and his family over bribery charges in 2009.
![[Urgent] Supreme Court's verdict sours Lee Jae-myung's presidential bid](/_next/image?url=https%3A%2F%2Fwimg.heraldcorp.com%2Fnews%2Fcms%2F2025%2F05%2F01%2Fnews-p.v1.20250501.7a95ffe3b0574e6fb689ed6427712490_T1.jpg&w=3840&q=100)
Korea Herald
01-05-2025
- Politics
- Korea Herald
[Urgent] Supreme Court's verdict sours Lee Jae-myung's presidential bid
The Supreme Court of Korea overturned Thursday the lower court's decision to acquit former Democratic Party of Korea leader Rep. Lee Jae-myung on two charges of election law violations, sending the case back to the Seoul High Court for a final and unchallengeable verdict. Decided by a majority vote, the top court's ruling overturned the previous verdict of the Seoul High Court, which had declared in late March that the evidence presented "did not prove the charges beyond a reasonable doubt." But the top court's decision does not mean that Lee will immediately lose both his parliamentary seat and eligibility to run for public office for a decade. Lee could still run for president, as the final decision in the retrial is widely expected to take a few months, meaning it is unlikely to be delivered before the June 3 presidential election. Lee's case will be remanded to the Seoul High Court for a final ruling, which is expected be in line with the Supreme Court's decision to hand down a conviction for the liberal presidential front-runner convicted of election law violations, since the top court did not clear Lee of the charges. Article 19 of the Public Official Election Act stipulates anyone convicted of violating election laws who receives a fine amounting to at least 1 million won ($700) or a heavier punishment is barred from running for office for 10 years. Lee was indicted for falsely denying personal ties to the late Kim Moon-ki, former head of Development Division 1 at Seongnam Development Corp., during a televised interview as the Democratic Party's presidential candidate in December 2021. Kim was accused of involvement in a land corruption scandal in Seongnam, Gyeonggi Province, when Lee was the city's mayor. Lee was also facing charges of making a false statement at a parliamentary hearing in October 2021 that he was coerced into rezoning a property, amid speculation that he had sought personal gain in the mid-2010s as Seongnam mayor by granting permission for a property rezoning project. Regarding his statements, the Seoul High Court found Lee not guilty of any crimes. Lee's case was initially assigned to a panel of four justices — a conventional way for the Supreme Court to manage cases it hears on appeal — on April 22. But Chief Justice Jo Hee-de decided to hear the case in a full court session after considering the high level of public interest and national concern. A full-court review is one of two procedures by which the court exercises its power, convening with at least two-thirds of the justices and the chief justice presiding. The court conducted two hearings over four days after the case was assigned to the justices. The final verdict was delivered nine days after the election law violation case was referred to the full bench.
Korea Herald
30-04-2025
- Politics
- Korea Herald
Fast-tracked Lee Jae-myung verdict stirs talk of political timing
Legal experts say top court seen moving fast to stay above politics, ensure fair election As the Supreme Court of Korea decided to deliver its verdict on Lee Jae-myung's election law violation case on Thursday, just nine days after it first reviewed the case on April 22, speculation is growing over the reason for the top court's earlier-than-expected ruling date. While many election law violation cases that are appealed to the Supreme Court take more than three months to process, Lee's case has garnered both public and legal analysts' attention because the court conducted two hearings in the four days after the case was first taken up by the justices. The hearings occurring so fast is seen as highly unusual, especially in cases referred to a full bench, which typically meets just once a month. Though Noh Hee-bum, a former constitutional researcher and lawyer, was surprised by the Supreme Court's decision, in his view, South Korea's Supreme Court is likely making efforts to ensure a fair election. 'I think the court decided to deliver its verdict early in order to resolve the controversy over candidate eligibility before the presidential election. This will offer people the chance to choose their president based on policies, vision and competence without prejudice and unjust slander from the opposing side,' Noh told The Korea Herald. According to Noh, the South Korean judiciary has continued to face controversies related to Lee's case as lower courts 'wasted' more time in their rulings than is stipulated in the Public Official Election Act. While the Public Official Election Act in principle requires the district court and high court to deliver their verdicts on election law violation cases within six months and three months, respectively, the Seoul Central District Court spent more than two years coming to its initial ruling. Then, the Seoul High Court acquitted the liberal presidential front-runner on March 26, four months after the case was assigned to the court. Explaining that the Public Official Election Act requires the Supreme Court to rule on appeals in election law violation cases within three months of the previous verdict, Noh stressed that the expedited proceedings and ruling should be regarded as a deliberate effort not only to minimize the impact of judicial decisions on the election, but also to show the court's efforts to issue rulings within the legally recommended time frames. 'If the Supreme Court delivers its verdict after May 11 -- the official deadline for presidential candidate registration -- after spending time reviewing the case, it might be difficult to avoid accusations that the judiciary is politicized or has political intentions,' said Lee Yun-je, a law professor at Myongji University. 'And if Lee Jae-myung wins the upcoming election, he will be protected by presidential immunity. The Supreme Court would have no choice but to suspend proceedings for five years, which would create greater confusion in society,' Lee said. Article 84 of the Constitution stipulates that a sitting president cannot be charged with a criminal offense, except for insurrection or treason. There are differing opinions about how to interpret this article, even in the legal community, regarding whether the judiciary needs to proceed with or suspend a case involving a president if it began before he or she was elected. In view of this question, professor Lee said the court found it necessary to rule early. Lee's case was initially assigned to a panel of four justices -- a conventional way for the Supreme Court to manage cases it hears on appeal. But Chief Justice Jo Hee-de decided to hear the case in a full court session after considering the high level of public interest and national concern. A full-court review is one of two procedures by which the court exercises its jurisdiction, convening with at least two-thirds of the justices, with the chief justice presiding. If the Supreme Court overturns the lower court's acquittal, the case will be sent back to the lower court for a final and unchallengeable verdict. Lee could lose both his parliamentary seat and his eligibility to run for public office for a decade. Under Article 19 of the Public Official Election Act, anyone convicted of violating election laws who receives a fine exceeding 1 million won ($700) is barred from running for office for 10 years. But if the court dismisses the prosecution's appeal, Lee will be cleared of the charges. The court can also directly deliver a new judgment, including sentencing, based on case records and evidence examined in the first and second trials in the lower courts. But, legal experts consider it unlikely that a new judgment will be issued by the Supreme Court, citing the rarity of such decisions in criminal cases. According to Supreme Court data, only 15 cases -- just 0.3 percent of all court rulings in 2023, were resolved by the top court's issuing a new judgment. According to the Democratic Party of Korea, Lee has decided not to attend the ruling in person as a defendant's attendance is not mandatory at the top court. The ruling, which is set to be broadcast live on TV and the Supreme Court's YouTube channel, is due to take place at the Supreme Court in Seocho-gu, southern Seoul, on Thursday at 3 p.m.
Korea Herald
30-04-2025
- Politics
- Korea Herald
Supreme Court's fast-tracked Lee Jae-myung ruling stirs talk of political timing
Legal experts say top court seen moving fast to stay above politics, ensure fair election As the Supreme Court of Korea decided to deliver its verdict on Lee Jae-myung's election law violation case on Thursday, just nine days after it first reviewed the case on April 22, speculation grows over the reason behind the top court's earlier-than-expected ruling date. While many election law violation cases that are appealed to the Supreme Court take more than three months to process, Lee's case has garnered both public and legal analysts' attention because the court conducted two hearings in the four days after the case was first assigned to the justices. The hearings occurring so fast is being seen as highly unusual for cases, especially referred to a full bench, which typically meets just once a month. Though Noh Hee-bum, a former constitutional researcher and lawyer, was surprised about the Supreme Court's decision, in his view, South Korea's Supreme Court is likely making efforts to ensure a fair election. 'I think the court decided to deliver its verdict early in order to resolve the controversy over a presidential candidate's eligibility before the presidential election. This will offer people the chance to choose their president based on policies, vision and competence without prejudice and unjust slander from the opposing side,' Noh told The Korea Herald. According to Noh, the South Korean judiciary has continued to face controversies related to Lee's election law violation case as the lower courts' rulings 'wasted' more time than was stipulated as urged by the Public Official Election Act. While the Public Official Election Act in principle requires the district court and high court to deliver their verdicts on election law violation cases within six months and three months, respectively, the Seoul Central District Court spent more than two years coming to its initial ruling. Then, the Seoul High Court acquitted the liberal presidential front-runner on March 26, four months after the case was assigned to the court. Explaining that the Public Official Election Act requires the Supreme Court to rule on appeals in election law violation cases within three months after the previous verdict, Noh stressed that the expedited proceedings and ruling should be regarded as a deliberate effort not only to minimize the impact of judicial decisions on the election, but also to show the court's effort to reach rulings within the legally recommended time frames. 'If the Supreme Court delivers its verdict after May 11 -- the official presidential candidate registration deadline -- after spending time to review the case, it might be difficult to avoid criticism claiming the politicization of the judiciary or the top court's alleged political intent,' said Lee Yun-je, a law professor at Myongji University. 'And if Lee Jae-myung wins the upcoming election, he will be protected by presidential immunity. The Supreme Court would have no choice but to suspend proceedings for five years, which would create greater confusion in society,' Lee said. Article 84 of the Constitution stipulates that a sitting president cannot be charged with a criminal offense, except for insurrection or treason. As different opinions are exchanged over the interpretation of this article even among those in the legal circle, questioning whether the judiciary needs to proceed or suspend a case that began before a president was elected as such, Lee stated that the court found the early ruling necessary. Lee's case was initially assigned to a panel of four justices -- a conventional way for the Supreme Court to manage cases it hears on appeal. But Chief Justice Jo Hee-de had decided to hear the case in a full court session after considering the high level of public interest and national concern in the case. A full-court review is one of two procedures by which the court exercises its jurisdiction, convening with at least two-thirds of the justices, with the chief justice presiding. If the Supreme Court overturns the lower court's acquittal, Lee could lose both his parliamentary seat and his eligibility to run for public office for a decade. Under Article 19 of the Public Official Election Act, anyone convicted of violating election laws who receives a fine exceeding 1 million won ($700) is barred from running for office for 10 years. But if the court dismisses the prosecution's appeal, Lee will be cleared of the charges. According to the Democratic Party of Korea, Lee has decided not to attend the ruling in person. It is scheduled to take place at the Supreme Court in Seocho-gu, southern Seoul, Thursday at 3 p.m.
Korea Herald
01-03-2025
- Sport
- Korea Herald
In Korea, changing one's legal name can be powerful motivation for new life
A fresh start can be embraced in many ways. Some South Koreans make a major change by renaming themselves, replacing their first names given by their parents with one they can create themselves. 'Gaemyeong,' which literally means 'legal name change' in Korean, is used to signify an actual change to one's legal name. It differentiates itself from some overseas celebrities who take professional or stage names but keep their legal names. Changing one's legal name has not been a common practice in South Korea, a country with a long history of Confucian beliefs in the value of inherited aspects, including one's body and name, as gifts from one's parents. However, legally changing one's name has become more common in recent years under modern legal interpretations. Since 2005, the Supreme Court of Korea has recognized both personality rights and the right to pursue happiness, allowing individuals regardless of their age to change their names as long as the request is not for illegal or unconstitutional purposes. Almost 200,000 people annually requested their names to be changed from 2020 to 2023, according to data provided by the Supreme Court. In pursuit of success Stories about professional athletes and celebrities who have chosen new names for themselves have drawn increasing public attention and interest. Samsung Lions right-hander Kim Mu-shin, formally known as Kim Yun-su, announced in January that he was set to start the 2025 baseball season with a new name. 'I heard my original name was not good, so I decided to rename myself with something which has positive energy. I changed my name because I wanted to get better at baseball. My name is Mu-sin,' the Samsung Lions pitcher told his fans in an Instagram post. Kim's confession is not new to many Korean baseball fans, who are well aware of the name changing trend sparked by South Korean right-fielder Son Ah-seop in the late 2000s. Son, who suffered from multiple injuries since his debut in 2007, changed his name from Kwang-min to Ah-seop in 2009, taking a piece of advice from his mother who received a new name from a Busan-based naming center. He later revealed that his mother sought a name that would keep him healthy and successful in baseball. Coincidentally, the renamed Son started to deliver outstanding performances ever since and his value skyrocketed in Korean baseball with many considering him to become another all-time South Korean baseball legend. Woo Joo-hyun, a worker in a local educational institution in his early 40s, shared that he changed his name from Woo Hyung-wook in 2020, hoping many things in his life would work out very well. 'I started to hear my name had bad energy almost 20 years ago. I had four to five different names recommended to me ― like Dong-hyun, Seong-jae and Jae-woo ― over many years,' Woo said. 'I stubbornly refused to change my name at first, thinking that my name had nothing to do with my life. But, I started to think differently as I went through bad experiences multiple times,' he added. Though Woo did not credit all the positive changes, including improved social relations, increasing inquiries for lectures at local universities and a happy married life, to his new name, he felt there was a small correlation between the two. 'I believe nothing can change a person as significantly as a new name. It can energize your day and make you become more attached to your life in general. I think I tended to work harder, feeling that I have to live up to the name that is supposed to carry positive energy,' he told The Korea Herald. Woo shared that celebrities' positive career changes might have been made because a new name becomes a powerful motivation for success. 'Whether the name 'Joo-hyun' had the mythical power to change my life or not, I am 200 percent satisfied with life after the name change,' Woo said. Names with positive feeling chosen Some Koreans choose to rename themselves simply because they did not like their given names. 'Friends made fun of my name since I was young. I was hurt a lot. I felt my name was terrible and did not want it to be called by others,' said Jung Jin-kyung, a mother of two children in her late 60s, who was originally Jung Mak-boon. 'Many women, especially those who are older than me, were called by names that end with the syllable 'Ja,' like Mi-ja, Suk-ja and Young-ja. This was a remnant of Japanese colonialism, during which Koreans were told to adopt Japanese names. The syllable 'Ja' is pronounced 'Ko' in Japanese, which is widely used in Japanese women's names like Hinako,' Jung explained. She shared that many of her friends whose names ended with "Ja," changed their names very early on. 'Most Korean parents preferred sons to daughters in the past. So parents named girls carelessly. This might be another reason why many older women, like myself, wanted to change their names,' Jung said, explaining that she wanted a name that she could cherish. Kim Dong-wan, an adjunct professor of Asian philosophy at Dongguk University, agreed that many people attempt to change their names simply to make themselves happy. 'Many of my clients who visit me to rename themselves, say that their original names are old-fashioned. I feel that many people, especially those from the older generation, want to be called by a name that has a good connotation, like those of popular TV celebrities,' said Kim, who is now more widely known as an expert who creates names for the children of many Korean TV celebrities, including comedians Yoo Jae-suk, Shin Dong-yup and more. He explained that it might be a little extreme to bet one's future on a different name, because naming experts have different theories and ways to interpret Korean syllables. 'I find a few theories a little misleading as well. But a new name that satisfies a person can certainly boost one's self-esteem and confidence and even shape a new personality. And these are the key factors that I find essential in bringing positive changes in someone's life,' Kim said. 'It's not the name that makes changes. The changed attitude to life brings a difference to one's quality of life,' he added.
