South Korea's Ruling Party Pushes for Special Tribunal, Sparking Constitutional Clash
South Korea's ruling Democratic Party has introduced a bill for a special insurrection tribunal targeting former President Yoon Suk Yeol, triggering a constitutional crisis with the judiciary and opposition.
Bill targets trial of former president, igniting clash with judiciary
SEOUL, December 22, 2025 – South Korea’s ruling Democratic Party (DP) on Monday introduced a controversial bill to create a special tribunal for insurrection cases, a move aimed directly at the ongoing trial of former President Yoon Suk Yeol over a failed martial law declaration. According to Yonhap news agency, the proposal has ignited a fierce political and constitutional firestorm, pitting the legislature against the judiciary and the main opposition party.
The Proposal and the Backlash
The DP has pushed for the bill citing what it calls "perceived delays and unfairness" in the current trials of those implicated in the martial law case. The bill stipulates that a body established under Supreme Court guidelines would select the tribunal's judges, a modification from an earlier plan that involved a recommendation committee.
However, this has done little to quell opposition. The main opposition People Power Party (PPP) has vowed to launch a filibuster to block what it calls an "unjust" bill. The DP-controlled National Assembly, however, can vote to end a filibuster just 24 hours after it begins. The judiciary itself has voiced strong opposition, with critics arguing the bill could be unconstitutional and would severely undermine judicial independence.
Context: The Ongoing Trial
Former President Yoon Suk Yeol and several top officials, including former Defense Minister Kim Yong-hyun, are currently facing trial on insurrection charges stemming from their alleged involvement in a botched attempt to impose martial law.
A Rival Plan from the Judiciary
In an apparent countermeasure, the Supreme Court announced last week that it would install its own special panels to handle sensitive cases of insurrection, treason, and mutiny. This move is widely seen as an alternative to the DP's plan, signaling the judiciary's preference for an internal solution over a legislative one that it fears would compromise its authority.
PRISM Insight
This legislative push isn't just about a single trial; it reflects a deeper, ongoing struggle over judicial power and political accountability in South Korea. The outcome could set a significant precedent for how the country handles high-stakes political cases and the delicate balance of power between its democratic institutions.
With the bill now formally introduced, a showdown is looming in the National Assembly that will test the boundaries of South Korea's separation of powers.
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