'Kim Yong-hyun and Lee Sang-min Prohibition Act' Proposed... Assemblyman Mo Gyeong-jong "Abolish the Right to Recommend Martial Law Declaration"

"Blocking Potential Abuse of Authority"

On the 10th, Mo Kyung-jong, a member of the Democratic Party of Korea, will lead the proposal of the "Martial Law Act Amendment" to delete the authority of the Minister of National Defense and the Minister of the Interior and Safety to recommend the proclamation of martial law.

Mo Kyung-jong, Democratic Party of Korea. Photo by Kim Hyun-min

The current law stipulates the authority of the Minister of National Defense and the Minister of the Interior and Safety to recommend the proclamation of martial law. On the 3rd, the emergency martial law declared by President Yoon Seok-yeol was proclaimed based on the recommendation of former Minister of National Defense Kim Yong-hyun.

Rep. Mo pointed out that in situations where the president cannot exercise substantial control over state affairs, the Minister of National Defense can coercively recommend the proclamation of martial law to the president, which may infringe upon the president's constitutional exclusive authority to proclaim martial law.

Rep. Mo stated, "By deleting the recommendation authority of the Minister of National Defense and the Minister of the Interior and Safety, it clarifies that the final decision-making authority for proclaiming martial law rests with the president and aims to block the possibility of undue influence."