Presidential Immunity in the United States: Legal Precedents and Implications - Focusing on the Trump v. United States (2024) Decision

Abstract

In order to ensure the unique role of the presidency and the smooth performance of presidential duties, Article 84 of the Korean Constitution provides the President with immunity from criminal prosecution while in office, except in cases of insurrection or treason. However, it does not grant the President a separate form of immunity. The U.S. Constitution does not explicitly provide for presidential immunity or non-prosecution, but in the United States, a doctrine of presidential immunity has been recognized within certain limits through judicial precedents. Over the years, the U.S. Supreme Court has developed legal principles regarding presidential immunity through several landmark rulings. In the 2024 decision of Trump v. United States, the Court presented an interpretation that broadly defines the scope of presidential immunity. The Trump v. United States (2024) case addresses whether a former President can be subject to criminal prosecution for unlawful official acts committed during the term of office, or whether such acts are protected by presidential immunity. While the Korean Constitution does not recognize general presidential immunity and only grants immunity from criminal prosecution during a President's term, the U.S. case provides insights that may be relevant to Korea. For instance, in Korea, there has been debate over whether a criminal trial may proceed against a sitting President for charges filed before election. The U.S. legal discourse may offer comparative insights on this issue. Additionally, Korea has also faced legal questions over whether a President can be held civilly liable for official acts during the term. U.S. Supreme Court precedents may also shed light on such questions. Although the Korean Constitution grants only immunity from prosecution during the presidential term, it is worth considering whether a form of presidential immunity, as developed through judicial precedent in the U.S., could be recognized in Korea through legal interpretation. This paper examines the U.S. Supreme Court’s case law on presidential immunity, with a focus on the 2024 Trump v. United States decision, and explores the implications for Korea’s constitutional and legal framework.