Article 84 of the Constitution and the Possibility of a Defendant President
One of the biggest political controversies in South Korea today is whether Democratic Party leader Lee Jae-myung’s criminal trial can continue if he is elected president. Article 84 of the Constitution states: “The President shall not be subject to criminal prosecution during his tenure, except in cases of insurrection or treason.” This raises the question: Will ongoing criminal trials be suspended if a defendant becomes president? The legal community is divided on this issue. Some argue that a president’s criminal trial should automatically be suspended, while others contend that the trial must continue. This is not merely a matter of legal interpretation but a fundamental issue that could impact South Korea’s judicial system and presidential authority. This article examines the legal debate surrounding Article 84, the associated legal and practical challenges, and possible future scenarios. Legal Issues and Expert Opinions 1. The Meaning and Interpretation of Article 8...