Riot, obstruction of public duties charges obvious, insurrection charges possible, says former judge

Those responsible for Sunday's attack on the Seoul Western District Court are expected to face a series of criminal charges ranging from riot and obstruction of the performance of public duties, to breaking and entering of a government building, to possibly insurrection, according to legal experts here.
Former judge and lawyer Oh Ji-won said in a media interview Monday that Sunday's attack could be punished as a severe crime against the law. The rioters forcibly entered the Seoul Western District Court, which had issued the warrants to arrest suspended President Yoon Suk Yeol to investigate him on charges of leading an insurrection and committing abuse of power, smashing windows, exterior cladding, glass doors, servers, CCTV and other office equipment, while assaulting scores of police officers and at least another several dozen civilians in the process.
"The application (of charges) could vary for each individual (involved in the attack), but it appears they could very well be punished for special obstruction of performance of public duties, intrusion into a public building, and the destruction of public goods," said Oh, who served for nearly two decades on the bench of the Suwon and Daejeon District Courts. All three charges are punishable by a maximum jail term of between three and seven years in prison.
He said it is "of course possible" to apply riot charges, defined by Article 115 of the Criminal Act as those "persons who assemble in large numbers and use violence or intimidation or take destructive action." Rioting is punishable by a minimum of 1 year in prison and a maximum of 10 years.
Oh pointed out that video evidence of the attack clearly proves that many people took part in the violence.
It was reported that the attack injured 42 police officers and 41 civilians, many of whom were members of the media and passersby. Seven officers sustained severe injuries, including one whose injuries will require three weeks of treatment.
A total of 87 people were arrested for their part in the attack on the court in Mapo-gu, and three more pro-Yoon protestors at the Constitutional Court in Jongro-gu were taken into custody on Sunday. It was reported that 17 people were arrested while trying to climb over the security fencing surrounding the court, hours before the attack took place.
Lawyer Oh said that it would also be possible for the rioters to be charged with subversion of the Constitution, defined in the Article 91 of the Criminal Act. The article defines anyone who attempt "to overthrow government organs established by the Constitution or to make render the exercise of their functions impossible by force," and the court of law is an organization established by the Constitution, he pointed out.
Most legal experts across the country agree that the rioters will be charged with some level of obstructing the duties of public officials, as mobs were clearly filmed group-assaulting police officers and forcibly entering the court. But the experts are split on whether the suspects will face riot charges, and whether insurrection charges will be pressed remains the minority opinion as of now.
One professor of law at Hankuk University of Foreign Studies Law School, Lee Chang-hyun, expressed his doubts about applying riot charges. “The riot charge should be applied only to the extent that it endangered the safety of a specific area... (The court attack) looks to have been too small in scale and accidental to be charged with the crime of riot," he was quoted as arguing.
Questions have emerged about whether the attack was planned. Those law experts who believe it wasn't think insurrection charges will not be pressed, as precedents show that the planning of an attack against the country is crucial in punishing those involved in one of the gravest crimes defined by Korean law.
The law says the leader of an insurrection should be punished by life in prison or the death penalty, and those who played a prominent role face the same maximum penalties while the minimum punishment is five years in prison. Those who played minor roles can be punished by up to five years in prison.
The impeached president is currently in detention for criminal investigation on charges of leading an insurrection and committing abuse of power, regarding his actions following his Dec. 3 botched declaration of martial law. He is also on trial for impeachment at the Constitutional Court.