[Captured news] There is no requirement for martial law to be issued at all..."Of course, he's the subject of impeachment."

Emergency martial law is a state of emergency, such as war, incident, or equivalent, and it should have been remarkably difficult to perform administrative and judicial functions due to engagement with the enemy or extreme disruption of social order.

In addition, there must be a 'justification of purpose' that is necessary for the military or to maintain public well-being.President Yun

cited the specific reasons for declaring martial law: the impeachment of high-ranking opposition officials and the sole handling of next year's reduction budget.
In the
legal system, the prevailing opinion is that the constitution and the requirements of the law have not been met.

[Cha Jin-ah/Professor of law school at Korea University: It is not a requirement to issue martial law at all.... Whether it is a situation equivalent to an exhibition or an incident, this itself becomes a problem.]

Many point out that the martial law decree No. 1, which bans all political activities such as the activities of the National Assembly, local councils, and political parties, is also against the Constitution.

Article 77 (3) of the Constitution stipulates that measures can be taken against the administration, the judiciary, and the media when declaring emergency martial law, but measures against the National Assembly have no basis.

Another problem is that there was a situation in which martial law troops were put into the National Assembly to enforce the decree.

[Jang Young-soo / Professor of law at Korea University] Through the right to demand the lifting of martial law, they can control it in case of abuse. If you try to prevent control itself, it's obvious that it's against the Constitution.]

A constitutional appeal trial has been requested to confirm that martial law is unconstitutional, and the opposition party is aiming to impeach it.

[Shin Bong-ki/Professor of Kyungpook National University Graduate School of Law: If there is a judgment that it was an unconstitutional emergency martial law, of course, there seems to be no problem in filing an impeachment motion as a subject of impeachment.]

The Constitutional Court, which will determine unconstitutionality and illegality, is still operating under a "six-member system."

However, there is no problem with the hearing and decision as the Constitutional Court Act, which considers cases with the attendance of seven or more judges, has been suspended.

I'm Kim Taewon of YTN.


Video Editing | Choi Yeon-ho
Design | Ji Kyung-yoon subtitle news | Lee Mi-young


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