The issue of whether to drop charges against President Lee Jae-myung has become a contentious topic in multiple criminal trials.
Many citizens argue that "no one is above the law" and that the president should not be an exception. Conservative politicians have expressed strong opposition, stating that dropping charges would signify the "end of the regime," be grounds for impeachment, and constitute a crime of legal distortion. Conversely, a significant number of citizens and some members of the Democratic Party assert that if past investigations were illegal or the charges were fabricated, it is only right to dismiss the charges. They have formed a group advocating for the dismissal of charges and have mentioned the possibility of a national investigation and a special prosecutor.
This conflict over the dismissal of charges has escalated beyond a simple legal dispute, consuming national energy and undermining community cohesion, leading to a social crisis.
Therefore, the political factions must cease their relentless assertions to push their agendas regarding the dismissal of charges against the president. Instead, a rational and theoretical legal discussion should guide the process toward a forward-looking conclusion.
In this context, it is essential to examine the American experience. In the U.S., the issues surrounding federal criminal charges and dismissals against a sitting president have been extensively discussed in constitutional law and legal practice. Notably, the special prosecutor's request to dismiss charges in the criminal case against former President Donald Trump serves as a significant comparative legal example.
In the U.S., there have been no reports of Republicans and Democrats engaging in fruitless debates or citizens protesting in the streets over the dismissal of charges against President Trump. This absence of conflict indicates that American constitutional scholars, legal sociologists, and the Department of Justice have already reached a consensus on the principles underlying the U.S. Constitution.
The special prosecutor handling the Trump case, Jack Smith, was appointed by the Biden administration, Trump's political rival. He requested the court to dismiss the charges ahead of Trump's inauguration. While Smith indicated that sufficient evidence for a conviction existed, he emphasized that continuing criminal prosecution against a sitting president could undermine the principles of popular sovereignty and separation of powers, significantly hindering the president's constitutional duties. He referenced the longstanding position of the Office of Legal Counsel (OLC) that has limited federal criminal prosecution of sitting presidents, arguing that a president, as the head of state and government, should not be incapacitated by individual criminal cases, as this would contradict constitutional order. His key point was not that the president is above the law, but rather that the timing and method of pursuing criminal responsibility must align with the constitutional principles of separation of powers and governance.
The question of whether to dismiss charges against President Lee Jae-myung should not be judged solely from an emotional or partisan perspective. A rational conclusion must be reached through a comparative weighing of conflicting legal interests, rather than unilateral claims from either side. This comparative weighing should involve discussions among the media, legal community, and general public to arrive at a theoretically sound legal decision. This approach represents a forward-looking solution for our society's maturation. The upcoming confirmation hearings for the newly appointed Minister of Justice, Chief of the Serious Crimes Investigation Office, and Chief Prosecutor will likely draw significant attention regarding the candidates' positions on the dismissal of charges against the president.
Author's Background:
▲ Graduate of Boston University School of Law ▲ Member of the Seoul Bar Association ▲ Member of the New York State Bar Association ▲ Attorney at Law Firm Byeongyoul.
* This article has been translated by AI.
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