Legislative Investigation Office "December 3 Martial Law, Academia's view of unconstitutionality and illegality"

A report by the National Assembly's Legislative Investigation Office has been released that the general view of the academic community is that President Yoon Suk Yeol's Declaration of Emergency Security on December 3 constitutes a violation of the Constitution and laws.

In response to a question from the office of Park Chan-dae of the Democratic Party of Korea, the legislative investigation office said that the December 3 emergency martial law did not meet practical and procedural requirements.

He then evaluated that since the power of the National Assembly cannot be restricted even in martial law, if the martial law army entered the National Assembly to interfere with the parliamentary resolution process or if the police controlled the entry of lawmakers into the conference hall, it seems to be in violation of the Constitution.

In addition, he added that the academic community's general view is that Paragraph 1 of the Declaration, which prohibits all political activities, is unconstitutional and illegal, and that according to the Supreme Court precedent, the unconstitutional and illegal declaration is invalid.

The National Assembly Research Service analyzed that if martial law forces are deployed to the National Election Commission and steal election-related data, it could also be interpreted as violating constitutional provisions on martial law or warrantism.