The reason for impeachment, the "crime of rebellion"..."An attempt to control the plenary session room is illegal."

Insurrection, President Punished...Exception of 'exemption privilege' in criminal prosecution

Opposition "President Yoon's attempt to neutralize the National Assembly's control of martial law"

The martial law proclamation is also controversial..."You don't have the authority to control the National Assembly".

[Anchor]
The main charge that the opposition party pointed out as the reason for the impeachment of President Yoon was "crime of rebellion."

Then, before and after the declaration of the emergency martial law, reporter Jeong In-yong pointed out the specific issues of what actions are claiming to correspond to this crime.

[Reporter]
Article 87 of the Criminal Code: The crime of rebellion is a regulation that punishes riots for the purpose of excluding state power or disrupting national constitution from the territory of the Republic of Korea.

Basically, the crime of rebellion is subject to the exception of the president's criminal prosecution immunity along with the foreign exchange crime, so punishment is inevitable for the president.

The opposition party, in particular, is insisting on applying rebellion, citing the fact that President Yoon tried to neutralize the National Assembly, the only constitutional institution with martial law control.

As they tried to block the National Assembly by mobilizing martial law forces and police, they attempted to forcibly lose the function of state agencies established by the Constitution.

[Seo Jeong-bin / Lawyer (YTN 'News Special Report') : The application of the crime of rebellion can be fully considered because the National Assembly was temporarily unable to function, and the military and police were involved in obstructing it..]

Controversy over the unconstitutionality of the decree itself issued by the martial law command, which was ordered by the president, is also rising.

According to Article 77 (3) of the Constitution, it is pointed out that in martial law, only measures against the authority of the government or court are specified, and the National Assembly, the legislature, has declared that political activities are prohibited even though they are not subject to it.

[Lee Heon-hwan / Professor of Ajou University School of Law (YTN 'News Special Adviser') : If the National Assembly requests the lifting of the martial law, it is necessary to accept the lifting of the decree, which restricts the function of the National Assembly, in itself is illegal and unconstitutional....]

However, opinions are divided over the expansion of the crime of rebellion by the members of the State Council who attended the Cabinet meeting before the declaration of martial law.

Some analysts say that it is difficult to hold legal responsibility if you attended the Cabinet meeting and expressed your opposition to martial law.

In the end, since the president has the right to decide at the State Council, some say that even if the State Council member voted for martial law, the circumstances should be considered for punishment.

This is YTN Jeong Yong-yong.


Filmmaker: Lee Sang-chang
Video editing: Yeon Jin-young
Design: Lee Ga-eun