Washington International Law Journal Volume 6 Number 1 1-1-1997 Martial Lawlessness: The Legal Aftermath of Kwangju James M. West Follow this and additional works at: https://digitalcommons.law.uw.edu/wilj Part of the Comparative and Foreign Law Commons, and the Rule of Law Commons Recommended Citation James M. West, Martial Lawlessness: The Legal Aftermath of Kwangju, 6 Pac. Rim L & Pol'y J. 85 (1997). Available at: https://digitalcommons.law.uw.edu/wilj/vol6/iss1/3 This Article is brought to you for free and open access by the Law Reviews and Journals at UW Law Digital Commons. It has been accepted for inclusion in Washington International Law Journal by an authorized editor of UW Law Digital Commons. For more information, please contact
[email protected]. Copyright 0 1997 By JamesM. West MARTIAL LAWLESSNESS: THE LEGAL AFTERMATH OF KWANGJU James M. Westl FoR DR. CHO! SUNG-IL (1941-1991) Abstract: On August 26, 1996, two former presidents of the Republic of Korea, Chun Doo-Hwan and Roh Tae-Woo, were convicted of insurrection, treason, and corruption. The charges arose out of their December 1979 coup and the ruthlessly violent suppression of a democratic protest in the city of Kwangju in May 1980. This article recounts the origins and analyzes the progress of this dramatic criminal trial, which has attracted worldwide attention. The current South Korean head of state, President Kim Young-Sam, has depicted the conviction of his predecessors as a historic juncture opening a new era of constitutionalism for Korea. Despite the popularity of the prosecutions in Korea, however, critics see the cases as motivated by revenge or political opportunism and have questioned whether the trials actually will serve to establish a Rule of Law under which Korea's dynamic political economy can purge itself of chronic corruption and authoritarian abuses of power.