Bar Association and Minbyeon Issue Urgent Statement on Martial Law
Lawyer Groups Cite Article 77 of Constitution, Point Out Unconstitutionality
On the 3rd, after President Yoon Suk-yeol declared martial law through an 'Emergency Special Address to the Nation,' lawyer organizations and civic groups simultaneously voiced criticism, demanding the immediate lifting of the "unconstitutional martial law declaration." In particular, lawyer organizations pointed out the unconstitutionality of the martial law by citing legal provisions. First, the Korean Bar Association (President Kim Young-hoon) issued a statement regarding President Yoon's sudden declaration of martial law, calling it "an unconstitutional act that destroys liberal democracy and the constitutional order, and demanding the immediate lifting of the martial law." This came just one hour after the martial law command headquarters' proclamation was issued nationwide at 11 a.m. on the 3rd.
President Yoon Suk-yeol is announcing the lifting of the emergency martial law at the Yongsan Presidential Office in the early morning of the 4th. Photo by Yonhap News
The Bar Association stated, "According to Article 77, Paragraph 1 of the Constitution, the President may declare martial law 'in times of war, armed rebellion, or a similar national emergency when it is necessary to respond with military force or maintain public peace and order.' However, according to Paragraph 5, 'when the National Assembly requests the lifting of martial law with the approval of the majority of its members,' the President must lift it." They criticized, "We do not even feel the need to verbally refute whether the current situation qualifies as war, armed rebellion, or a similar national emergency as described by the Constitution."
The Lawyers for a Democratic Society (Minbyun) also issued a statement on the same day, pointing out that "the reasons President Yoon Suk-yeol gave for declaring martial law, such as the National Assembly's impeachment motion, clearly do not meet the requirements for martial law declaration under Article 2 of the Martial Law Act, according to constitutional and legal interpretations." They added, "President Yoon's exercise of authority is unacceptable in a democratic society and is unconstitutional and illegal in itself." They further demanded, "President Yoon Suk-yeol, who abused his authority by branding citizens who criticize him as anti-state forces, should resign immediately."
In the early morning of the 4th, when President Yoon Suk-yeol declared martial law, a chaotic situation arose at the National Assembly building in Yeouido, Seoul, where citizens opposing the martial law declaration and police forces trying to prevent them gathered. Photo by Yonhap News
The Seoul Bar Association also criticized, saying, "President Yoon declared martial law despite the fact that our country is not currently in a situation anticipated by the Constitution," and "To fundamentally block the National Assembly from requesting the lifting of martial law under Article 77, Paragraph 5 of the Constitution, public authority is being exercised without any basis in the Constitution or law, even restricting the access of National Assembly members, who represent the people, to the National Assembly." In particular, the Seoul Bar Association raised the level of criticism by referring to the Supreme Court's plenary session ruling.
Civic Groups Also Issue Unified Statements of Criticism
Civic groups also issued unified statements criticizing the martial law declaration. The People's Solidarity for Participatory Democracy stated, "The reasons President Yoon gave for declaring martial law, such as the National Assembly's impeachment motion, cannot be grounds for martial law declaration under Article 2 of the Martial Law Act," and added, "The declaration of martial law is unacceptable in a democratic society and is unconstitutional and illegal in itself."
In the early morning of the 4th, when military forces entering the main building of the National Assembly tried to enter the plenary hall from the People Power Party leader's office, National Assembly staff sprayed fire extinguishers to block their entry. Photo by Yonhap News
The Center for Military Human Rights Korea called it "a declaration of war against the people of the Republic of Korea and a personal coup by President Yoon," and appealed, "The airborne troops are entering the National Assembly. Soldiers, please do not point your guns at your parents, siblings, children, or friends. Yoon Suk-yeol cannot ruin our destiny." The Citizens' Coalition for Economic Justice pointed out, "It can be interpreted as an attempt to block political criticism and democratic checks and balances," and added, "Especially, inflammatory expressions such as 'pro-North forces' may incite division among the people and can be seen as an attempt to suppress assembly and association through martial law."
Meanwhile, according to the Supreme Court's plenary session ruling on April 17, 1997 (Case No. 96Do3376), under the constitutional order of our country, any act that makes it impossible for constitutional institutions to exercise their powers through violence or seizes power without following the democratic procedures prescribed by the Constitution is never permissible. Therefore, such military rebellion and insurrection acts are subject to punishment.
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