The Presidental Privilege against Prosecution during his term of office and the later confirmation of the trial date

The meaning and scope of application of the President's immunity from prosecution under Article 84 of the Constitution are emerging as various issues in the political and academic circles as they are intertwined with the court's later designation of a trial date. There are also various voices regarding whether criminal trials in progress before the inauguration of the president should be suspended until the end of the president's term, and whether crimes committed before performing presidential duties are unrelated to Article 84 of the Constitution. This is because it is necessary to reduce unnecessary debates surrounding the interpretation of Article 84 of the Constitution by clarifying the common premise and perception of various countries regarding the president’s immunity from prosecution, and it is also important and urgent to review whether there is a need to revise the current Constitution and laws to resolve an issue without historical precedent. We also examined whether the later designation of a trial date, which is used as a court practice, is a legitimate court direction of litigation and what detailed supplementary efforts are needed to avoid violating due process clause. In summary, we have reached a conclusion on how the criminal proceedings against a sitting president should proceed in a legal manner within the current legal system.

Authors

Publication Details

Journal
The Korean Association of Criminal Procedure Law
Published
2025-06-30
DOI
https://doi.org/10.34222/kdps.2025.17.2.43
Primary Topic
Criminal Law and Evidence
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

The Presidental Privilege against Prosecution during his term of office and the later confirmation of the trial date

Sung Ryong Kim
The Korean Association of Criminal Procedure Law
Criminal Law and Evidence
article

The Presidental Privilege against Prosecution during his term of office and the later confirmation of the trial date

Sung Ryong Kim
article en

Abstract

The meaning and scope of application of the President's immunity from prosecution under Article 84 of the Constitution are emerging as various issues in the political and academic circles as they are intertwined with the court's later designation of a trial date. There are also various voices regarding whether criminal trials in progress before the inauguration of the president should be suspended until the end of the president's term, and whether crimes committed before performing presidential duties are unrelated to Article 84 of the Constitution. This is because it is necessary to reduce unnecessary debates surrounding the interpretation of Article 84 of the Constitution by clarifying the common premise and perception of various countries regarding the president’s immunity from prosecution, and it is also important and urgent to review whether there is a need to revise the current Constitution and laws to resolve an issue without historical precedent. We also examined whether the later designation of a trial date, which is used as a court practice, is a legitimate court direction of litigation and what detailed supplementary efforts are needed to avoid violating due process clause. In summary, we have reached a conclusion on how the criminal proceedings against a sitting president should proceed in a legal manner within the current legal system.

The Korean Association of Criminal Procedure LawVol. 17(2)
Openalex Percentile: Top 70%
Criminal Law and Evidence
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.

The Presidental Privilege against Prosecution during his term of office and the later confirmation of the trial date — Sung Ryong Kim · The Korean Association of Criminal Procedure Law (2025) | TGRS Research Map | TGRS