Sangcheol’s Legal Journal : YouLaw Insights

Overview of the Hearing Date: February 25, 2025, 2:00 PM Location: Constitutional Court, Supreme Court Hall Participants: National Assembly representatives, President Yoon Suk-yeol's defense team, President Yoon Suk-yeol The 11th and final hearing of the impeachment trial for South Korean President Yoon Suk-yeol took place on February 25, 2025. President Yoon delivered his closing statement for 67 minutes, defending the necessity of martial law and addressing allegations of election fraud. The National Assembly representatives countered with strong accusations of constitutional violations and attempted subversion of the democratic republic. Key Arguments Presented A. President Yoon Suk-yeol's Closing Statement 1. Justification of Martial Law President Yoon argued that the "martial law declared on December 3 was fundamentally different from past examples," emphasizing it was a "plea to the public" rather than an oppressive military measure. He...

One of the Most Controversial Events in Modern South Korean History: The ‘10.26 Incident’ and the Recent Court Decision A South Korean court has decided to reopen the retrial of the late Kim Jae-gyu , the former director of the Korean Central Intelligence Agency (KCIA), bringing the 10.26 Incident back into legal and historical evaluation after 45 years. This retrial is not merely a reconsideration of a past event but a significant opportunity to reassess the fairness of the original trial and to determine whether Kim’s actions were truly an act of insurrectional murder or a resistance effort to restore democracy . 🔍 What is the 10.26 Incident ? The 10.26 Incident refers to the assassination of President Park Chung-hee and Presidential Security Chief Cha Ji-chul by KCIA Director Kim Jae-gyu on October 26, 1979 . This incident marked the end of the Yushin regime and brought about a significant shift in South Korea’s political landscape. Following the assassination, Kim Jae...

  Hello! Today, I’d like to introduce a book that delves into the essence of diplomacy during the Joseon Dynasty and the lessons it offers for modern South Korean diplomacy— “Father’s Shadow.” This book focuses on the Manchu invasions of 1627 and 1636 and explains why Joseon chose a desperate resistance and continued to cling to the unrealistic Northern Expedition Theory afterward. It provides an in-depth analysis of how Joseon’s diplomatic policies were intrinsically tied to its national identity. However, the book does not merely analyze the past; it also raises the question of how the diplomatic patterns from late Joseon to the Korean Empire continue to influence South Korea’s diplomacy today. Given the complex international landscape we face, this book prompts us to reflect on the lessons we should learn. 🔎 1. Why Were the Manchu Invasions More Devastating for Joseon? 📌 Imjin War vs. Manchu Invasions Joseon suffered devastating invasions during the Imjin War (1...

Analysis of the Constitutional Court's Second Hearing on the Power Dispute: Can the Speaker of the National Assembly File a Petition Independently? Case Overview On February 10, the Constitutional Court held the second hearing on the power dispute between the National Assembly and the Acting President. This case originated from the rejection of the nomination of Constitutional Court Justice candidate Ma Eun-hyuk. The National Assembly argued that the Acting President failed to fulfill the constitutional duty of appointing a justice, thereby infringing upon the National Assembly’s authority. However, the key issue in this hearing was not the Acting President’s rejection of the nomination but whether the Speaker of the National Assembly could file a power dispute petition without a resolution from the plenary session. Both sides engaged in intense legal debates, and the Constitutional Court justices posed in-depth questions regarding the matter. Can the Speaker of the...

Case Overview Our law firm recently handled a commercial lease dispute involving Client Mrs. M, a landlord facing challenges with a non-compliant tenant. This case illustrates key legal considerations in handling overdue rent, lease modifications, and tenant eviction procedures. Background of the Case Client Mrs. M, a commercial property owner, had leased her property to QXXXX Co., Ltd. under a rental agreement. Over time, the tenant failed to meet its financial obligations, leading to a complex legal dispute. Lease Agreement Terms Initial Agreement Date: June 14, 2018 Deposit: 50 million KRW Original Monthly Rent: 4.5 million KRW Reduced Rent (Post-COVID): 3.5 million KRW (Effective October 3, 2019) Total Due Rent: 23.1 million KRW (6 months of arrears) The tenant had continuously delayed payments, and despite multiple phone calls requesting overdue payments, no formal legal action had been taken. Tenant's Additional Requests and Legal Issues Tenant's Requests Reduction of the...

Legal Nature of Surety Insurance: Supreme Court’s Perspective Surety insurance plays a crucial role in ensuring contract fulfillment in various industries. Particularly in the construction sector and large-scale contracts, it acts as a key legal mechanism to maintain trust between parties. However, surety insurance differs from general indemnity insurance and exhibits characteristics similar to a surety contract. Existing Supreme Court Precedents on Surety Insurance Surety insurance is fundamentally a type of indemnity insurance, but it closely resembles a surety contract in essence. The Supreme Court has consistently interpreted surety insurance as follows: - Surety insurance covers the loss incurred by the insured (creditor) due to the non-performance of the policyholder (debtor). - Although formally structured as an insurance contract, it effectively functions as a surety. - The 2014 amendment to the Commercial Act (Articles 726-...

South Korea’s Civil Code Revision: Key Changes and Implications The South Korean government has introduced a major revision to the Civil Code, marking a significant legal modernization.  This reform aims to enhance clarity, align with global standards, and improve legal accessibility for both citizens and foreign residents. By addressing legal ambiguities and incorporating judicial precedents into statutory law, this revision is expected to enhance predictability in legal disputes. Key Reforms in the Civil Code Revision One of the most notable changes is the improvement of the breach of obligation system.  Previously, the Civil Code only had provisions on non-performance and delay but lacked explicit rules on partial performance.  The revised law clarifies this by defining breach as “when performance has not been completed” rather than “when performance becomes impossible.” Additionally, the scope of remedies such as restitution and periodic compensation has been expanded...

📌 Summary of the 6th Impeachment Trial Session of President Yoon (February 6, 2025) ⚖️ The 6th session of President Yoon’s impeachment trial was held on February 6, 2025, at the Constitutional Court’s main courtroom. 🏛️   Key witnesses included military officers involved in the emergency martial law implementation and the President’s economic advisor.   During this session, the testimony of military officials revealed critical details regarding the execution of martial law, the use of force, and direct orders from President Yoon. ⚠️   The economic rationale behind the emergency measures was also challenged in court.   🛡️ Key Testimonies from Military Officials Colonel Kim Hyun-tae, commander of the 707 Special Mission Unit, testified about the operational details of the martial law implementation.   His testimony centered on whether direct orders to remove lawmakers were given and if military force was authorized.   Kim stat...

South Korea is currently navigating a significant political event: the impeachment trial of President Yoon Suk Yeol. The Constitutional Court is at the forefront, determining the outcome of this unprecedented situation. **Background** On December 3, 2024, President Yoon declared martial law, citing concerns over "anti-state activities" by opposition parties. This move was met with swift opposition, leading to the National Assembly's impeachment of Yoon on December 14, 2024. The impeachment was grounded on allegations of insurrection and abuse of power. **Constitutional Court Proceedings** The Constitutional Court commenced its review of the impeachment on December 27, 2024. The court has a 180-day window to reach a decision, which could result in either the reinstatement or permanent removal of President Yoon.  A two-thirds majority vote among the justices is required to unseat the president. As of February 6, 2025, the court has conducted six hearings. Notably, during th...