South Korea Passes Bill to Bar Presidential Pardon for Insurrection

South Korea's National Assembly judiciary subcommittee passed a bill on February 20 restricting presidential pardon powers for insurrection and treason crimes, one day after former President Yoon Suk-yeol received a life sentence for leading the December 2024 martial law declaration.

The ruling Democratic Party of Korea fast-tracked the legislation amid public concerns that Yoon could eventually receive a presidential pardon. All four former South Korean presidents who faced criminal convictions were pardoned before completing their sentences.

"We will swiftly pass the amnesty law revision to ensure former President Yoon cannot walk out of prison walls," said Han Byung-do, the Democratic Party's floor leader.

The bill prohibits presidents from pardoning individuals convicted of insurrection or treason unless the National Assembly approves with a three-fifths supermajority. Current law allows presidents to grant special pardons and commute sentences without legislative consent.

People Power Party lawmakers walked out in protest, allowing the opposition-led coalition to advance the measure.

The legislation faces potential constitutional challenges. Article 79 of the Constitution grants pardon authority exclusively to the president.

"The presidential pardon power stipulated in Article 79 is the president's inherent authority and a high-level act of governance," said Na Kyung-won, a People Power Party lawmaker. "Restricting this through legislation violates the constitutional principle of separation of powers."

Yoon was sentenced to life imprisonment on February 19 for leading the insurrection, 443 days after declaring emergency martial law on December 3, 2024.