National Assembly Approves 'Martial Law Lift Proposal'... President Must Finalize Through Cabinet Meeting

In the early hours of the 4th, the National Assembly passed a resolution demanding the lifting of martial law with the support of 190 members, a majority of the total members of the Assembly.

Article 77, Paragraph 5 of the Constitution states, "When the National Assembly demands the lifting of martial law with the approval of the majority of the total members, the President shall lift it."

Speaker Woo Won-shik declared in the early morning of the 4th that the proposal to lift martial law had been passed. Photo by Yonhap News

Article 11, Paragraph 1 of the Martial Law Act (Lifting of Martial Law) states, "When the martial law situation under Article 2, Paragraph 2 or Paragraph 3 is restored to normal, or when the National Assembly demands the lifting of martial law, the President shall promptly lift the martial law and announce it."

However, Paragraph 2 of the same article states, "When the President intends to lift martial law pursuant to Paragraph 1, the matter shall be deliberated by the State Council," which means that the resolution by the National Assembly demanding the lifting of martial law does not immediately result in the lifting of martial law; rather, it is interpreted that the President's action to lift martial law is required for it to be lifted.

Meanwhile, regarding whether the President has the authority to reject the National Assembly's demand to lift martial law in the same manner as a general legislative bill, there is no precedent, so it is expected that controversy will arise over constitutional interpretation. This issue can be seen as a matter of how to interpret the phrase "shall lift it" in Article 77, Paragraph 5 of the Constitution. Ultimately, the Constitutional Court, the highest constitutional interpretation body, should make a judgment, but given the situation where martial law has been declared, it seems unlikely that the Constitutional Court will issue a decision on this matter.