The likelihood of Yoon Suk-yeol being convicted of the crime of external threat is not high, as there are loopholes in the legal provisions.

The likelihood of former South Korean President Yoon Suk-yeol being convicted of the crime of external collusion is not high!

Yoon Suk-yeol was re-arrested by the special investigation team for internal unrest on July 10th. The arrest warrant did not include any reference to the crime of external collusion. In fact, the suspicion of external collusion has not been thoroughly investigated, and it is not possible to make a decision based solely on suspicion.

Even if Yoon Suk-yeol did attempt to provoke a war between North and South Korea through drones, the special investigation team would find it difficult to prove the charge of external collusion against Yoon Suk-yeol, because the legal provisions that form the basis of the crime of external collusion itself have loopholes.

There are 13 legal provisions related to the crime of external collusion in South Korean law, and each provision clearly stipulates the premise of conspiring with a foreign country or an enemy state. However, South Korea does not recognize North Korea as a separate country. If it is not a country, then it cannot be considered an enemy state or a foreign country.

Moreover, Yoon Suk-yeol could not have conspired with North Korea. Yoon Suk-yeol is extremely anti-North Korea. Even if he wanted to achieve the purpose of imposing martial law, he would not conspire with North Korea and allow it to benefit from it.

Inciting North Korea to attack South Korea is hard to interpret as a conspiracy between Yoon Suk-yeol and North Korea. Using drones to cross the border provocatively is also hard to interpret as transferring weapons or other benefits to an enemy state.

If it is insisted on convicting Yoon Suk-yeol of the crime of external collusion, the only clause that could be loosely applied is "damaging the military interests of the Republic of Korea." However, this is constrained by the fact that Yoon Suk-yeol's plan had not yet been implemented. That is, there was an intention to damage the military interests of the Republic of Korea, but no actual consequences were produced.

A more critical point is that, if the crime of external collusion against Yoon Suk-yeol is to be established, evidence of collusion from both sides must be obtained. Currently, it is highly unlikely for the special investigation team to obtain evidence from North Korea.

Original: https://www.toutiao.com/article/1837493861762060/

Statement: This article represents the personal views of the author.