Opposition leader’s remarks spark controversy: ‘Acting President can be arrested’

Mar 20, 2025, 08:54 am

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Lee Jae-myung, the leader of the main opposition Democratic Party (DP), enters the main building of the National Assembly wearing a bulletproof vest on March 19, 2025. / Source: Yonhap

AsiaToday reporter Lee Han-sol

Lee Jae-myung, the leader of the main opposition Democratic Party (DP), has sparked a massive backlash with what has been described as a threatening remark, akin to something a criminal might say, directed at Acting President Choi Sang-mok for not acting in favor of the opposition. "I hope he takes care of himself," Lee said.

During a Supreme Council meeting held in Seoul on Wednesday, Lee criticized Acting President Choi, saying, "Choi is committing acts of constitutional disorder as if it's a daily routine." This was seen as retaliation for Choi's decision not to appoint Moon Eun-hyuk as a Constitutional Court judge nominee.

"This is a serious case of dereliction of duty under the Constitution. At this very moment, he is committing a crime as a flagrant offender. Even a president can be punished if they destroy constitutional order, regardless of their position. Any citizen can arrest Acting President Choi as a flagrant offender," Lee said.

Political circles have interpreted Lee's sharp remarks as a sign of growing concerns within the opposition about the potential return of President Yoon Suk-yeol. The opposition, which had previously stated, "The impeachment of President Yoon is a given, and we are not considering a Plan B," is now seen as reaching its limits.

Experts have criticized Lee's remarks. "The crime of dereliction of duty is not typically considered an immediate offense. If dereliction of duty is treated as a continuing offense, anyone could arrest a flagrant offender without a warrant. However, for this to be valid, there must be no doubt about the crime's establishment. The claim that Choi's failure to appoint a nominee constitutes dereliction of duty is debatable, as the requirement of 'without just cause' must be met," lawyer Im Moo-young stated.

"The need for bipartisan agreement can also be considered a just cause. Lee's statement urging citizens to arrest Acting President Choi as a flagrant offender could be interpreted as 'incitement to commit a crime' under Articles 276 or 278 of the Criminal Code. While he may argue that there was no specific act of incitement, it would be better if people stopped misusing their partial knowledge of the law maliciously," he added.

Lee's remarks have indeed led to social conflict. Posts quoting his statement, such as "Activate the Choi Sang-mok arrest team," "Anyone can arrest Choi Sang-mok," and "If the National Assembly can't do it, the people will," have flooded pro-impeachment communities. Given Lee's background as a lawyer with extensive legal knowledge, concerns are growing about the potential for dangerous and unexpected situations arising from his remarks

#Lee Jae-myung #Choi Sang-mok