|Candlelight Protest, Nov. 12, 2016. Crowd estimated to be ~1 million.|
The impeachment and removal of former president Park Geun-hye is a stunning triumph of democracy: an illiberal and anti-democratic president is taken down peacefully, in an orderly manner, pursuant to the rule of law. And for the most part, it has been received as such. Yet there have been a small group of critics who insist on spitting on this achievement.
Now, I respect differences in opinion if the differing opinion derives from a solid understanding of facts on the ground. But no—not these people. They uniformly advance two bits of criticism: (1) the impeachment process ignored proper procedure, because; (2) the Korean public formed a mob that intimidated the politicians and overrode the democratic process. These two arguments only reveal their proponents’ ignorance of Korea’s constitutional structure, and the actual events on the ground during the 17 weeks of candlelight protests.
The two most prominent examples of these critics are Michael Breen and Euny Hong, who make their case in a similar manner. Breen, on the Atlantic, opened by questioning the impeachment procedure:
Acting Chief Justice Lee Jung Mi said, her court building ringed by riot police behind a wall of police buses that held back supporters of the embattled president. “Her violations of the Constitution and the law are a betrayal of the people’s trust and cannot be tolerated.”
If this seems a little vague, it gets more so. Hearings by the court, another series of proceedings by the National Assembly that impeached her, and a 70-day investigation by a special prosecutor, have determined that Choi Soon Sil was indeed sent presidential speeches to edit. But none of these bodies appears to have established what makes this an impeachable offense.
A New Test for South Korea's Young Democracy [The Atlantic]
Similarly, Euny Hong wrote:
By US legal standards, Park's impeachment is peculiar in that she was ousted before even being fully investigated. Even the special prosecutors making the case against Park reportedly claimed they didn't have time to complete the inquiry and were denied an extension. (…) Though a Korean prosecutor alleged that Park had knowledge of this—and she may well have—what is significant is that the impeachment was pushed through before the conclusion of the investigation.
Both of these arguments are simply ignorant about what actually happened as a matter of law. Breen’s claim that the pronouncement by Acting Chief Justice Lee was “vague” is pure nonsense, when the quoted sentence comes at the end of a rigorously written court opinion. If one bothered to read the entire impeachment opinion—which I translated in this post, by the way—it is impossible for one to conclude that the Constitutional Court have not “established what makes this an impeachable offense.” The Constitutional Court considered four arguments in favor of removal, and found three—abuse of authority of appoint public official, infringement of freedom of press, and violation of the duty to exercise due diligence as a public official—were not enough to support removal. The court, however, found Park’s use of presidential power to assist Choi Soon-sil’s private profiteering does not only violate the constitution and the law, but also seriously enough such that removal from office is warranted. All of this is clearly spelled out in the opinion; none of this is vague.
(More after the jump.)
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