A weird justification for martial law declaration
Published: 12 Dec. 2024, 19:51
Updated: 15 Dec. 2024, 14:47
In a dramatic turn, President Yoon Suk Yeol on Thursday said, “I will squarely confront impeachment or investigation.” Five days ago, he pledged to allow the governing People Power Party (PPP) to take over national governance. Thursday’s address was mostly devoted to justifying his abrupt declaration of emergency martial law and refuting suspicions on rebellion to apparently defend against an imminent raid by law enforcement authorities to find evidence of plotting a rebellion. The president certainly deserves the right to defend himself. But Thursday’s speech was not convincing at all.
President Yoon cited the opposition’s unceasing impeachments of high-ranking officials. But the Democratic Party (DP) took action based on the Constitution. The president also criticized the DP for “proposing 27 special motions for political attacks on the government.” But many of the motions were linked to the deepening suspicions over the first lady. And yet, she has never apologized for what she did.
The scope of the Espionage Act in the Criminal Law certainly needs to be broadened. But if so, the PPP should have won the April 10 parliamentary elections. The president habitually attacks the majority party for not accepting his election victory in March 2022, but we wonder if he wouldn’t concede to the PPP’s crushing defeat in the last legislative election.
The president also disclosed the military operation to break into the National Election Commission (NEC) to find evidence of election fraud. Yoon denounced the NEC for its porous security system to manage vote results and voter information. However, could it really be the grounds for declaring martial law? Such problems can be fixed by strengthening its own security.
But the president said he had exercised his due rights as head of state within the boundaries of the Constitution. He even called the exercise “an act of governance ineligible for a judicial judgment,” wondering, “How could a two-hour martial law exist?” He also said he had ordered commanders of the operation “to immediately pull out the troops if the National Assembly lifts the martial law.”
In 1997, the Supreme Court ruled that a martial law declaration represents a high-level political and military act and that it can be subjected to a judicial judgment if it clearly violates the Constitution or laws.
The president clearly instructed the commander of the Special Forces to order soldiers to break into the National Assembly and drag out the lawmakers inside. Court Administration Minister Cheon Dae-yup, a former Justice, defined Yoon’s declaration of martial law as “an unconstitutional exercise of military command.” The president must humbly cooperate with the law enforcement agencies’ investigations rather than excoriating them for “doing a frantic sword dance.”
The PPP must face reality. Rep. Kweon Seong-dong, its new floor leader, reaffirmed the party’s position against endorsing the impeachment. But more PPP members, including Seoul Mayor Oh Se-hoon, are turning to vote for the impeachment. We urge the new floor leader to think again.
President Yoon cited the opposition’s unceasing impeachments of high-ranking officials. But the Democratic Party (DP) took action based on the Constitution. The president also criticized the DP for “proposing 27 special motions for political attacks on the government.” But many of the motions were linked to the deepening suspicions over the first lady. And yet, she has never apologized for what she did.
The scope of the Espionage Act in the Criminal Law certainly needs to be broadened. But if so, the PPP should have won the April 10 parliamentary elections. The president habitually attacks the majority party for not accepting his election victory in March 2022, but we wonder if he wouldn’t concede to the PPP’s crushing defeat in the last legislative election.
The president also disclosed the military operation to break into the National Election Commission (NEC) to find evidence of election fraud. Yoon denounced the NEC for its porous security system to manage vote results and voter information. However, could it really be the grounds for declaring martial law? Such problems can be fixed by strengthening its own security.
But the president said he had exercised his due rights as head of state within the boundaries of the Constitution. He even called the exercise “an act of governance ineligible for a judicial judgment,” wondering, “How could a two-hour martial law exist?” He also said he had ordered commanders of the operation “to immediately pull out the troops if the National Assembly lifts the martial law.”
In 1997, the Supreme Court ruled that a martial law declaration represents a high-level political and military act and that it can be subjected to a judicial judgment if it clearly violates the Constitution or laws.
The president clearly instructed the commander of the Special Forces to order soldiers to break into the National Assembly and drag out the lawmakers inside. Court Administration Minister Cheon Dae-yup, a former Justice, defined Yoon’s declaration of martial law as “an unconstitutional exercise of military command.” The president must humbly cooperate with the law enforcement agencies’ investigations rather than excoriating them for “doing a frantic sword dance.”
The PPP must face reality. Rep. Kweon Seong-dong, its new floor leader, reaffirmed the party’s position against endorsing the impeachment. But more PPP members, including Seoul Mayor Oh Se-hoon, are turning to vote for the impeachment. We urge the new floor leader to think again.
with the Korea JoongAng Daily
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