When I know the situation that is going back

When I know the situation that is going back, I keep looking into related news. The contents of my understanding, which I do not know the law, are summarized as follows.

Today (1/13), the National Human Rights Commission of Korea tried to send an agenda to a plenary session to investigate Yoon Suk Yeol without detention and guarantee its right to defend itself, but failed.

Some members of the Human Rights Commission argued, "We cannot conclude that it is a crime of rebellion because of the lack of legal damage."

There is a part that reflects such claims in the agenda data.

"There have been no serious injuries or deaths, and the extent of vandalism appears to be minor, there have been no arrests or detention of anyone."

At first glance, it may sound right.

However, this is a misunderstanding of the constituent requirements of the crime of rebellion.

Insurrection is the crime of disorderly conduct of the National Constitution.

What does the National Constitution mean?

The definition is given in Article 91 (2) of the Criminal Code.

"To make it impossible to overthrow or exercise the power of a state agency established under the Constitution by coercion."

Here, the 'state institution established by the Constitution' is the National Assembly. This coup did not overthrow the National Assembly, so it constitutes 'impossible to exercise power'.

In other words, the act of attempting to prevent the National Assembly from functioning normally by using coercive means is already a 'national constitution disorder'.

The seriousness of the damage caused by this act is not applicable at all.

I prepared a club to go into their house to take care of their hands, but I just came out, and in reality, I'm fine because I didn't hit him at all, so I need to know why I'm wrong.

This part appears in the judgment of Chun Doo-hwan and Roh Tae-woo, the two captives of the December 12 military revolt in 1996 (Sentence 96no 1892 of the Seoul High Court on December 16, 1996).

The ruling stated that "the act of paralyzing the National Assembly in a violent way, making it impossible to exercise legislative power or other powers for a considerable period of time."

Chung Chung-rae's explanation (*video on comment) at the National Assembly Judiciary Committee held today is also worth listening to.

Opposition parties continue to insist that 'insurrection continues'. Here's an explanation for that.

All the military commanders who actively participated in the civil war are arrested and awaiting trial, and Yoon Suk Yeol, the leader of the civil war, will soon be arrested and imprisoned, so why is the civil war currently ongoing?

Above, we looked at Article 91-2 of the Criminal Code, which defines the National Constitution, and now let's look at paragraph 1.

Extinguishing the function of the Constitution or the law without following the procedures prescribed by the Constitution or the Act is also a national constitution.

It is 'insurrection' that causes the controversy of the National Constitution.

Chairman Chung made a supplementary explanation.

The Senior Civil Servant Corruption Investigations Unit is trying to enter the presidential residence to execute a warrant for the arrest of a Yoon Suk Yeol issued by the court, a constitutional institution.

However, the Yoon Suk Yeol is ordering the arrest to be stopped, and the security service is carrying out the order.

This is not to follow the 'procedures set by law'. It is to mobilize security agents like soldiers to 'demonstrate the function of the constitutional institution'.

Because it is intended to interfere with the function of the court, which is a constitutional institution, by using coercive means, it causes a national constitutional controversy, which meets the definition of 'civil war'.

For that reason, it is said that 'the civil war continues'.

It is important to note that if you do not understand the meaning of civil war accurately, you may be caught up in the insistence of civil war advocates.