President Yoon Suk Yeol's claim that the declaration of emergency martial law cannot be subject to judicial review as an act of the president's governance, and the Supreme Court disagreed with the intention that the exclusion of judicial review should be extremely cautious.
When Baek Hye-ryeon of the Democratic Party of Korea asked about her position on President Yoon's claim, the Supreme Court said, "It is not appropriate to answer the family situation," but submitted an answer citing past precedents.
The Supreme Court first explained that the Supreme Court's en banc in 1997 ruled that the Supreme Court could examine exceptional cases where emergency rules were implemented to achieve the purpose of the national constitution.
It also cited the 2010 all-in-one precedent that the court should be extremely cautious in admitting the exclusion of judicial review for governance, suggesting that, in fact, governance could also be subject to judicial review.
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