As the sentencing hearing in the case of former President Yoon Suk-yeol on charges of being the "leader of an insurrection" was held on the 13th, the names of well-known political thinkers were mentioned several times by Yoon's defense attorneys. The names of political thinkers were listed to argue that the Dec. 3 emergency martial law declared by Yoon did not constitute a crime under the principle of separation of powers and was an attempt to protect democracy.
The 25th Criminal Division of the Seoul Central District Court (Presiding Judge Jee Kui-youn) opened the sentencing hearing at about 9:30 a.m. on charges that the former president was the leader of an insurrection and that seven top military and police leaders, including former Minister Kim Yong-hyun and former Korean National Police Agency Commissioner Cho Ji-ho, engaged in important insurrectionary duties.
The document evidence examination for former Minister Kim and former Commissioner Cho, among others, concluded on the 9th, and on this day the examination of Yoon's side's documentary evidence is continuing. As of 5:30 p.m., the documentary evidence examination has continued for six hours excluding a two-hour lunch break. Earlier, Yoon's side had said the examination would take six to eight hours. Judge Jee conveyed that he hoped to finish the examination by 5 p.m., but the attorneys are continuing to speak.
In the morning, Bae Bo-yoon, an attorney for Yoon, mentioned the French political thinker Montesquieu (1689-1755). Montesquieu first advocated the separation of powers in The Spirit of the Laws, contributed to republican theory, and had a significant influence on the draft of the U.S. Constitution.
Bae then argued that, under Korea's constitution based on the separation of powers, Yoon, as head of the executive branch, declared emergency martial law, and that this is not subject to judicial review. He said, "(The declaration of martial law is) an act during the presidency and, in principle, is not subject to judicial review, so the indictment should be dismissed."
In the afternoon, the names of various political thinkers appeared in the courtroom. Attorney Lee Dong-chan said, "John Stuart Mill and Alexis de Tocqueville warned of the tyranny and despotism of the majority. It means democracy destroys democracy," adding, "The defendant's declaration of emergency martial law should be understood as the activation of defensive democracy to protect Korea's liberal constitutional order."
John Stuart Mill (1806-1873) was a British thinker who greatly contributed to liberal theory. Alexis de Tocqueville (1805-1859)ds was a French political thinker and historian. His famous work includes Democracy in America.
Lee also said, "In the past, Johannes Kepler was dismissed from his university professorship and suffered economic hardship as he moved his residence several times until his death," adding, "Galileo Galilei was confined to his home for life." He went on, "Giordano Bruno was executed by burning at the stake," adding, "What they had in common was that they said 'the earth moves.' The majority does not always deliver the truth."
The names of dictators were also mentioned in large numbers. Lee said, "The common point among France's Napoleon III, Argentina's Juan Perón, Italy's Mussolini, Venezuela's Hugo Chávez and Nazi Germany's Adolf Hitler is that they were dictators who destroyed democracy after obtaining the public's voluntary consent and overwhelming support through democratic procedures." He then argued, "This brings to mind a certain party or force in today's Korea that puts the will of the people ahead in everything it does."