Lee defends special tribunal on insurrection, rejects claims of unconstitutionality

President Lee Jae Myung answers questions from reporters during a press conference marking his first 100 days in office at the presidential guesthouse in Seoul, Thursday. Joint Press Corps

President Lee Jae Myung dismissed concerns Thursday that a proposed special tribunal to handle insurrection-related cases might violate the constitution, saying that the will of the Korean people must remain at the heart of the nation’s democracy.

The comments came during a press conference marking the first 100 days of the Lee administration at the presidential guesthouse in Seoul. The ruling Democratic Party of Korea has been pushing to establish a special tribunal to oversee trials related to former President Yoon Suk Yeol’s martial law declaration last December.

Under the proposal, designated panels of judges at the Seoul Central District Court and Seoul High Court would handle initial and appellate cases, while a special judge would review arrest warrants.

“The judiciary functions within the framework established by the legislature, and judges must rule in accordance with the Constitution and their conscience,” Lee said. “The judiciary cannot unilaterally decide its own structure.”

Some legal experts and critics have warned that such a tribunal could compromise judicial independence and set a dangerous precedent by allowing a politically appointed body to handle a specific case.

But the president underscored that the ultimate authority comes from the people, noting that directly elected officials carry greater legitimacy than those who are appointed.

“Appointed power is delegated from elected power. Yet politics has become subordinate to the judiciary, and that is a dangerous situation. The clearest example of this is political prosecutors,” he said.

“How could that be unconstitutional? The debate should not be framed that way. What matters most is the will of the people,” he said, adding, “Any institutional arrangement demanded by citizens deserves respect when viewed from their perspective.”

The president also took the opportunity to expand on his view of the separation of powers.

“There is a misunderstanding about what the separation of powers means. It does not mean that each branch can act freely. Checks and balances are the core values. Judicial independence does not mean the judiciary can operate without limits — it too is subject to the sovereign will of the people,” he said.

Addressing reports that the ruling party had tried to link government reorganization to opposition concessions on special investigation bills, including the one covering insurrection, Lee said, “I was unaware of that. How can we trade the restructuring of government for uncovering the truth about an insurrection? The essence of a democratic republic is to ensure that such an event can never happen again. That is not a matter for compromise.”

Lee insisted that the full truth must be revealed and those responsible must be held accountable.

“An insurrection strikes at the foundation of the state. It cannot be swept aside or reduced to political bargaining. Preventing such incidents from recurring is a core democratic value,” he said.

He said that government reorganization should not be used as political leverage. “Failing to pass a reorganization bill does not mean the government cannot function. That is not cooperation — it is collusion,” he said.