No, The Rule of Law Has NOT, will NOT, and can NOT Collapse(d)! - 법치法治는 무너지지 않았다.
posted: 20-Jan-2025 & updated: 25-Jan-2025
What we're witnessing isn't the collapse of the rule of law, but rather its active operation.
This is exactly how the rule of law is supposed to work - not by preventing all violations, but by ensuring that violations are addressed through proper legal channels.
"The rule of Law" lives within us - in our collective consciousness and daily practices. It's woven into the fabric of how we've built this nation, how we've resolved our conflicts, how we've protected our rights, and how we continue to move forward as a society. It's the living, breathing foundation of how we, as Korean citizens, have chosen to live together and build our country over generations.
Even the Supreme Court Justices declared that “the rule of law has collapsed, and we are heartbroken.” This statement is particularly troubling coming from the very guardians of our legal system. When Supreme Court Justices themselves echo this misconception, they inadvertently legitimize a fundamental misunderstanding of how our legal system works.
Here once again the opinion leaders and media's role should be seriously re-considered. Whenever people read that line "The rule of law has collapsed", people believe it and form wrong ideas. This reckless use of dramatic phrases does more than just generate clicks and views - it undermines public confidence in our institutions and creates a dangerous self-fulfilling prophecy.
And as we face these tests together, the rule of law that many generations of South Koreans have built will only grow stronger, more resilient, and more deeply rooted in our society than ever before!
I have recently heard countless times that “the rule of law1 has collapsed” in South Korea. – “법치法治가 무너졌다.” in Korean – This claim emerged when the suspended president refused to be arrested and used the presidential security service as his personal protection while allegedly committing the crime of insurrection. Just yesterday, I heard the same phrase again when protesters stormed the Seoul Western District Court after a judge approved a detention warrant in the early hours of the morning. The scenes were chaotic - protesters breaking windows, damaging property, and clashing with police officers.
When I heard this claim first time, my immediate reaction was: “Something’s very wrong with this statement.” And after 1 second of reflection, I immediately knew why.
It's simply not true. The Rule of Law simply can't collapse like that.
The rule of law isn’t some fragile arrangement that can be shattered by the actions of any single individual - even an incumbent president. It’s not a light switch that can simply be turned off by someone’s defiance of legal authorities. Rather, it’s a robust constitutional system that has been the backbone of South Korean society for more than 75 years.
Think about it: When someone breaks the law, we don’t say “the law has collapsed.” Instead, we recognize that the law continues to exist and that there are consequences for breaking it. The same applies to the rule of law. When individuals, even powerful ones, violate legal norms or resist law enforcement, this doesn’t mean the system has collapsed - rather, it means the system is being tested and needs to respond.
The actions of protesters attacking a courthouse - no matter how violent or disturbing - do NOT break the rule of law. How could it? In fact, quite the opposite is true. The rule of law continues to function precisely because these individuals who violated laws will face consequences for their actions. They will be investigated, arrested, and tried according to established legal procedures.
This is particularly important for those who seem to lack a basic understanding of constitutionalism and the philosophical foundations of our legal system. Their very prosecution under the law will serve as a powerful reminder that the rule of law remains firmly in place. The system doesn’t collapse when it’s challenged - it responds through proper legal channels, demonstrating its resilience and durability.
In fact, what we’re witnessing isn’t the collapse of the rule of law, but rather its active operation. When protesters vandalize a courthouse, when individuals resist arrest, or when anyone attempts to obstruct justice - the legal system continues to function, processing these violations through established judicial procedures. This is exactly how the rule of law is supposed to work - not by preventing all violations, but by ensuring that violations are addressed through proper legal channels.
The rule of law is far more robust than its critics seem to understand. It’s not merely a set of rules that can be broken, but rather a fundamental system of governance that has evolved over decades. It’s embedded in our institutions, protected by our constitution, and upheld by countless dedicated professionals within the legal system.
But most importantly, it lives within us - in our collective consciousness and daily practices. It’s woven into the fabric of how we’ve built this nation, how we’ve resolved our conflicts, how we’ve protected our rights, and how we continue to move forward as a society. The rule of law isn’t just an abstract concept in legal textbooks - it’s the living, breathing foundation of how we, as Korean citizens, have chosen to live together and build our country over generations.
The public outrage and ongoing legal proceedings against those who break the law - whether they are powerful political figures or violent protesters - demonstrate that the rule of law is very much alive in South Korea. A truly collapsed system would show no such resistance to abuse of power. Instead, we see our legal institutions continuing to function, prosecutors pursuing cases, judges making independent decisions, and the wheels of justice turning, despite the challenges they face.
This is not a sign of collapse. This is a sign of strength and resilience.
And here once again the opinion leaders and media's roles should be seriously re-considered. Whenever people read that line "The rule of law has collapsed", people believe it and form wrong ideas. This reckless use of dramatic phrases does more than just generate clicks and views - it undermines public confidence in our institutions and creates a dangerous self-fulfilling prophecy. When people repeatedly hear that the rule of law has collapsed, they may begin to lose faith in the very system that protects their rights and freedoms.
Even the Supreme Court Justices get it wrong. In their recent emergency meeting, they declared that “the rule of law has collapsed, and we are heartbroken” (Financial News @ 8:07AM on 20-Jan-2025 KST). This statement is particularly troubling coming from the very guardians of our legal system. If anyone should understand the resilience and self-correcting nature of the rule of law, it should be our highest judges. Their dramatic declaration not only mischaracterizes the nature of rule of law but also, ironically, undermines the very institution they are meant to protect. When Supreme Court Justices themselves echo this misconception, they inadvertently legitimize a fundamental misunderstanding of how our legal system works.
Instead of amplifying panic with sensationalist headlines, our media and opinion leaders should focus on explaining how our legal system actually works - its resilience, its mechanisms for self-correction, and its fundamental role in maintaining democratic society. They should help citizens understand that challenges to the rule of law, even serious ones, are precisely what our legal system is designed to handle. This would not only lead to better public discourse but would also strengthen our democracy by fostering informed civic engagement rather than reactionary fear.
After all, the true measure of the rule of law isn't the absence of challenges to it, but rather how our institutions respond to those challenges. By that measure, South Korea's legal system isn't failing - it's doing exactly what it was designed to do. And as we face these tests together, the rule of law that many generations of South Koreans have built will only grow stronger, more resilient, and more deeply rooted in our society than ever before!
20-Jan-2025 PST
Sunghee Yun
Mathematician, statistician, theorist, engineer, and practitioner
Thinker, philosopher, supporter of republican democracy, and actor
- The rule of law is a political and legal ideal that all people and institutions within a country, state, or community are accountable to the same laws, including lawmakers, government officials, and judges. It is sometimes stated simply as “no one is above the law” or “all are equal before the law”. ↩