Recently, the term "the right to resistance" is being abused across various sectors of our society. Specific political factions or religious groups use this term as a shield whenever their demands are not met or when they wish to deny legal dispositions. However, the "resistance" they advocate is often not for the protection of constitutional values, but rather a different name for "mob law" aimed at fulfilling individual or group interests.

Resistance is a "Last Resort" (The Principle of Subsidiarity)

In legal studies, the right to resistance is a right exercised when the democratic fundamental order is infringed upon by state power and such infringement threatens the very existence of the Constitution. The most crucial premise here is the "Principle of Subsidiarity." That is, it is a "last-ditch emergency measure" that can only be invoked when normal remedial procedures—such as elections, lawsuits, or protests—cannot rectify the situation. In a democratic society where legal procedures are functioning properly, invoking the right to resistance simply because an outcome is not to one’s liking is an insult to the Constitution.

The Sole Purpose is the "Protection of Constitutional Order"

The right to resistance differs from a revolution that seeks to establish a new system. Its sole purpose is to restore and rebuild a broken constitutional order. Acts of force used to defend a specific politician’s judicial risks or to place religious doctrines above the law can never fall under the category of the right to resistance. Such actions are not resistance; they are a direct challenge to public authority and a denial of the rule of law.

The Tragedy Born of Ignorance

Some leaders incite public anger and push people into the streets under the guise of the right to resistance. However, this right is not an indulgence that justifies violence. The Supreme Court and the Constitutional Court emphasize that the exercise of the right to resistance must be "peaceful," limiting even the minimum use of physical force to extremely exceptional cases. Following the sweet talk of demagogues and ignoring democratic procedures is akin to digging up the very constitutional soil one stands upon.

Conclusion: The Responsibility of an Awakened Citizenry

The true right to resistance is the last lamp held by citizens to revive the Constitution when it is dying. This noble right must not be contaminated by political interests or blind faith. What we need now is not a demagogue shouting for "resistance," but an awakened civic consciousness that can calmly discern what true constitutional protection looks like.

[ⓒ Global Economic Times. 무단전재-재배포 금지]