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What is the procedure for "release of the martial law" considered by the Constitution and the martial law?

2024.12.04 AM 04:16
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[Anchor]
The National Assembly unanimously passed a resolution calling for the lifting of martial law, but martial law continues.

According to the Constitution, the President must hold a Cabinet meeting and declare the lifting.Reporter Kwon Jun-su reports on the procedure for

'Release of martial law'.

[Reporter]
Article 77 (5) of the Constitution states that when the National Assembly demands the lifting of martial law with the approval of a majority of the registered lawmakers, the president should lift it.

Article 11 of the Martial Law also stipulated that if the National Assembly demanded the lifting of martial law, the president should lift martial law "without delay" and announce it.

The problem is that paragraph 2 of the same law requires the president to go through the deliberation of the State Council to lift martial law.

The president is the one who convenes the Cabinet meeting, but it is still unknown when it will be held.

[Shin Bong-ki / Kyungpook National University Law School Professor: We must go through the process of lifting martial law and announce it. You have to look at it like this. Rescission of martial law and announce it after deliberation by the Cabinet without delay. This is the procedure that remains now.]

Paragraph 1 of the martial law command decree also states that all political activities such as the activities of the National Assembly, political parties, and political associations are prohibited, so the possibility of claiming that the National Assembly's approval is invalid is also mentioned.

However, as the Constitution is a higher law, the prevailing interpretation is that the lifting of martial law should not be delayed unless there are special circumstances.

I'm YTN Kwon Junsu.

Video editing; Joo Hye-min


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