"Is Martial Law Unconstitutional?" Question Reversed to "Difficult to Judge"
"Contrary to Government Policy to Induce Return Through Dialogue and Persuasion with Residents"
Cho Kyu-hong, Minister of Health and Welfare, revealed that he "opposed the declaration of martial law" at the Cabinet meeting he attended just before President Yoon Seok-yeol declared martial law. Regarding the martial law command headquarters' proclamation, which included orders for resident doctors to return to work and warnings of "punishment if they do not return," he emphasized that he "was not aware of it in advance and does not agree with it." When asked whether martial law was unconstitutional, he initially answered "I agree," but then changed his statement, saying, "It is not for me to judge."
On the 5th, Minister Cho appeared at the National Assembly Health and Welfare Committee's plenary session and, in response to lawmakers' questions about the Cabinet meeting on the night of the 3rd when martial law was on the agenda, said, "I attended the meeting around 10:17 p.m." and "I did not agree with the declaration of martial law and expressed opposition." However, Minister Cho added, "Since I entered near the end of the meeting, I do not know what discussions took place earlier." He explained, "I said I could not agree with the declaration of martial law, but President Yoon immediately left, so there was limited opportunity to express opinions more fully and actively."
Regarding the martial law command headquarters' proclamation, which included the phrase, "All medical personnel, including resident doctors who are on strike or have left the medical field, must return to their duties within 48 hours and work diligently, and violators will be punished under the Martial Law Act," Minister Cho strongly emphasized, "I absolutely do not agree." He added, "It contradicts the government's policy of inducing return through dialogue, persuasion, and steady medical reform, and the wording was very harsh and extreme. Among the six items in the proclamation, it was the only one targeting a specific professional group, so I could not agree."
He continued, "The proclamation did not consider that more than 9,000 resident doctors had already resigned, nor the fact that 50% of those 9,000 doctors are volunteering in the medical field. I was surprised and could not agree with the proclamation."
When asked why the announcement that the proclamation contradicted government policy was not made earlier, he said, "I thought it could be sufficiently discussed in standing committees, and since the Ministry of Health and Welfare had several policies on this, I believed there would be no misunderstandings."
Minister Cho said that after the declaration of martial law, he held a first-level executive meeting at the Ministry of Health and Welfare to discuss the proclamation clauses, including the "punishment of resident doctors who left." He stated, "I thought punishing resident doctors was unacceptable, and we discussed what efforts we should make to ensure their return."
Regarding the circumstances under which the clause "punishment if resident doctors do not return" was included in the proclamation, as questioned by Seo Mi-hwa of the Democratic Party of Korea, Minister Cho replied, "I do not know." He said, "I only learned of that clause after seeing the proclamation, and I was very surprised by its content." When asked if he expressed opinions on the proclamation at the Cabinet meeting, he denied it, saying, "No," and when asked if the President and the Ministry of Health and Welfare had prior discussions, he said, "There was absolutely no such thing."
In particular, Minister Cho initially answered that the declaration of martial law was unconstitutional but later stepped back, saying it was not for him to judge.
When asked by Kim Seon-min of the Party for National Innovation whether he agreed that martial law was illegal and unconstitutional, Minister Cho initially answered, "I agree." However, during the meeting, he explained, "It seems that the question of whether martial law is unconstitutional is being reported, but to be precise, I did not agree with the declaration of martial law, but I think the question of constitutionality is not for me to judge." He added, "Whether the declaration of martial law is illegal requires fact-checking and separate legal review."
When asked at the Cabinet meeting if there were ministers who physically tried to block it, he said, "I was very surprised and confused. Honestly, I do not remember who said what."
Minister Cho did not attend the Cabinet meeting that lifted martial law in the early morning of the 4th, and regarding the circumstances, he explained, "I received a text message around 2 a.m. and learned about it around 4 a.m. If I had known earlier, I would have definitely attended."
Minister Cho also responded to a question about whether the National Assembly's budget cuts were, as President Yoon said, an "attempted rebellion," by saying, "It cannot be linked to rebellion."
© The Asia Business Daily(www.asiae.co.kr). All rights reserved.
