"Ceremony is a high-level act of governance"...What's the judiciary's judgment?

[Anchor]
In his second public statement, Yoon Suk Yeol said "martial" is a highly governmental act and is not subject to judicial judgment.The judiciary's judgment on

's martial law' can be found in the rulings of former Presidents Chun Doo-hwan and Roh Tae-woo, what kind of judgment did the court make at the time?

Reporter Shin Ji-won reports.

[Reporter]

[Yoon Suk Yeol / President: The exercise of the president's right to declare emergency martial law is an act of governance that is not subject to judicial review, such as the exercise of amnesty and diplomatic power]The judiciary's judgment on the

'emergency martial law' appears in the 1997 all-in-one decision on former Presidents Chun Doo-hwan and Roh Tae-woo's rebellion.

The Supreme Court defined the president's declaration of emergency martial law as "an act with a high degree of political and military character" and said the judiciary does not have the power to judge whether it is justified.

However, practical judgments appear in the next section.Even if it is an act of high governance

, the judiciary can examine whether it is a criminal act if the declaration of emergency martial law is made to achieve the purpose of the national constitution.

In the end, the Supreme Court recognized the suppression of force against the May 18 Gwangju Democratization Movement as a "civil war" and confirmed the original ruling, which sentenced former President Chun Doo-hwan to life imprisonment for former President Roh Tae-woo for 17 years.

Emergency martial law can be declared to maintain public order only in national emergencies such as wartime and incident, and if there is room for crimes such as rebellion, "high-level governance" can also be brought to justice.As President Yoon

stated in his public statement, even if he declared martial law to warn the opposition party of budget cuts, impeachment, and fraudulent elections, it is widely considered a problem in itself.

[Seo Jeong-bin / Attorney: The National Assembly has reduced the budget bill or has overstepped the impeachment motion, which is actually within the framework of the Constitution. Rather, this emergency martial law does not meet constitutional and legal requirements....]

Amid the revelation of circumstantial evidence that the president himself gave specific instructions to the military and police at the time of the emergency martial law, the judiciary's judgment on whether the emergency martial law will be a "high-level act of governance" or a "criminal act" is expected to be mixed depending on whether a "crime crime" is established.

I'm Shin Jiwon of YTN.

Photographer: Lee Soo-yeon
Video editing: Lee Ju-yeon
Design: Lee Na-eun