Sangcheol’s Legal Journal : YouLaw Insights

Hello everyone, Today’s post brings a critical update on one of the most closely watched legal proceedings in South Korea – the ongoing trial of former President Yoon Suk-yeol . On May 12, 2025 , the 3rd trial session was held at the Seoul Central District Court , attracting public and media attention due to newly revealed military testimonies that could significantly influence the outcome of the case. Let’s dive into what happened during this key session – including damaging witness statements , the defense’s reaction , and what we can expect in the next round. ⚖️ Trial Overview Date: May 12, 2025 (Monday), 10:15 AM Location: Seoul Central District Court, Criminal Division 25 (Judge Ji Gui-yeon), Room 417 Key Participants: Defendant: Former President Yoon Suk-yeol Witnesses: Captain Oh Sang-bae (former aide to the Commander of the Capital Defense Command) Brigadier General Park Jeong-hwan (Chief of Staff, Special Warfare Command) 🗣️ Testimony 1...

Introduction On March 24, 2025, the Constitutional Court of Korea made a historic decision to dismiss the impeachment petition against Prime Minister Han Duck-soo , who was serving as the acting President at the time. This unprecedented case went beyond politics, sparking profound discussions on constitutional interpretation, the structure of executive power, and the rule of law. This blog post provides a comprehensive breakdown of this extraordinary event in Korea’s constitutional history, analyzing the background, legal issues, and implications for the future. Background of the Case December 14, 2024 : President Yoon Suk-yeol was impeached by the National Assembly. Prime Minister Han Duck-soo assumed the role of acting President. December 26, 2024 : 170 lawmakers submitted an impeachment bill against Han. December 27, 2024 : The National Assembly passed the impeachment motion with 192 votes in favor , sending the case to the Constitutional Court. This was the first time...

  A Judicial Precedent Under Scrutiny The recent decision by a South Korean court to cancel President Yoon Suk-yeol’s detention and release him has triggered intense public debate. However, what has fueled even greater controversy is the prosecution's choice to forgo an immediate appeal. The Special Investigation Unit (SIU) of the prosecution advocated for an appeal, but the Supreme Prosecutors’ Office overruled it, leading to Yoon’s release. Was this prosecutorial decision justified? This event raises serious questions about the independence of the prosecution and its legal standards. A Unprecedented Legal Shift: Court’s Decision to Cancel Detention The court’s decision significantly deviated from existing legal precedents. It adopted an unusual approach to calculating the detention period, using an ‘hour’ basis instead of the conventional ‘day’ standard. Specifically, the court ruled that the time spent in the pre-detention hearing should be excluded from the detention durat...

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...

  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...

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...