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Kim Yong-hyun Claims "Mandated by the President" to Effectively Command 'Emergency Martial Law'

Orders for Martial Law Troops' Entry and Withdrawal at Command Control Room
Kim Yong-hyun Also Delivered Proclamation to Martial Law Commander

It has been revealed that former Minister of National Defense Kim Yong-hyun led the martial law forces' operation to enter the National Assembly and the appointment of the martial law commander, as well as the announcement of the controversial 'Proclamation No. 1,' which sparked constitutional disputes during the 12·3 emergency martial law incident.


Kim Yong-hyun Claims "Mandated by the President" to Effectively Command 'Emergency Martial Law' Yonhap News


On the 5th, Kim Sun-ho, Deputy Minister of National Defense (acting Minister), and Park An-su, then Army Chief of Staff and martial law commander, testified to this effect at the National Assembly's National Defense Committee's current affairs inquiry. Both Deputy Minister Kim and General Park stated that they only learned of the martial law, which was enacted on the recommendation of former Minister Kim, after President Yoon Suk-yeol's late-night announcement at 10:23 p.m. on the 3rd. It is said that former Minister Kim informed General Park of his appointment as martial law commander at a commanders' meeting held immediately after the President's address. According to General Park, former Minister Kim then exercised command authority over the martial law forces, claiming he had been delegated command authority by the President.


In fact, it is known that former Minister Kim stayed in the underground control room of the Ministry of National Defense building from the moment nationwide martial law was declared until the martial law was lifted at the National Assembly's request, issuing detailed instructions regarding the martial law operations. The operation for the martial law forces to enter the National Assembly, which became the biggest controversy in this martial law incident, was carried out under former Minister Kim's orders without discussion with the martial law commander.


Deputy Minister Kim and General Park, who appeared before the National Assembly that day, stated that it was former Minister Kim who gave the order to deploy the martial law forces to the National Assembly and also gave the withdrawal order. General Park said, "I did not even know about the deployment. I did not give the order." The 'Martial Law Command Proclamation (No. 1),' which was criticized as unconstitutional from its first clause, was also delivered to the martial law commander by former Minister Kim. Although it is unclear whether Kim Yong-hyun personally drafted it, General Park explained that he simply conveyed the proclamation and only adjusted the enforcement time before it was announced as is. General Park suggested the need for a legal review to check for any illegal elements in the proclamation, but former Minister Kim reportedly urged the announcement, saying, "This matter has already been legally reviewed."


The proclamation, as announced, stipulated in its first item that "all political activities, including the activities of the National Assembly, local councils, political parties, political organizations, assemblies, and demonstrations, are prohibited." This has raised concerns that banning the National Assembly's activities, which can demand the lifting of martial law, is an unconstitutional measure that exceeds the Constitution and the Martial Law Act.


Deputy Minister Kim and General Park, who appeared before the National Assembly, seemed to distance themselves from responsibility for this martial law incident.


General Park stated regarding the deployment of martial law forces and the proclamation during the emergency martial law that he "did not know," "there was no organization capable of issuing orders to the martial law forces," and "the command post was not established, so normal activities could not be conducted," indicating that he found it difficult to effectively command the martial law forces. Deputy Minister Kim also stated, "I have fundamentally opposed the deployment of military forces in such martial law and expressed negative opinions about it." Former Minister Kim, identified as the main instigator of the emergency martial law, did not appear before the National Assembly due to President Yoon's approval of his dismissal just before the inquiry. Former Minister Kim is a senior by one year to President Yoon at Chung-Ang High School, graduated from the Korea Military Academy (38th class), and retired as a lieutenant general.


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