Yoon Sang-hyun "Is Emergency Martial Law Related to Opposition's Recklessness... 'High-level Political Act' Is Supreme Court Precedent"

Woo Won-sik Chairman "Military Entering National Assembly... Does Governance Act Make Sense?"
Yoon Sang-hyun Lawmaker "Tragedy if Presidential System Not Fixed... Constitutional Amendment Needed"

On the 11th, Yoon Sang-hyun, a member of the People Power Party, defended President Yoon Seok-yeol's declaration of martial law, stating that it was due to the legislative rampage by the Democratic Party of Korea and others, and cited Supreme Court precedents that regard it as a high-level act of governance. He also argued that a constitutional amendment, rather than impeachment or early resignation of President Yoon as discussed within the ruling party, is necessary.

During the plenary session of the National Assembly that afternoon, in the 'Urgent Question on President Yoon Seok-yeol's Unconstitutional Martial Law Declaration and Related Acts of Rebellion,' Yoon asked Prime Minister Han Duck-soo about the conditions for declaring martial law, then questioned, "Do you think the president's statement that day is related to the impeachment rampage and budget rampage?"

Prime Minister Han replied, "In any case, the declaration of martial law must be very cautious, legal, and conform to the constitution." When Yoon mentioned that 22 officials were suspended due to impeachment of high-ranking officials by the opposition party, and that judicial paralysis was attempted through impeachment of prosecutors and intimidation of judges, Han said, "Martial law cannot be the response to all those matters."

When asked about the 2025 budget being reduced by 4.1 trillion won compared to the government's proposal, and cuts to special activity funds for the presidential office, prosecution, and police, Prime Minister Han responded, "It is worrisome."

Yoon then continued his inquiry to Minister of Justice Park Sung-jae, asking whether President Yoon met the criteria for the crime of rebellion under criminal law, such as participation in armed conflict or disruption of the national order. He pressed, "For example, looking at the situation at the time, the media and broadcasting companies did not send troops, only the National Assembly and the National Election Commission did. Have you reviewed whether the legal provisions were properly applied?"

Yoon also questioned whether lawmakers who enacted unconstitutional laws would be punished, or if the Constitutional Court dismissed an unfair impeachment motion, whether those lawmakers would be punished. Minister Park answered, "They would not." He then asked Minister Park why former President Kim Dae-jung was not punished for sending 50 million dollars to the North during the June 15, 2000 inter-Korean summit.

Yonhap News

When Minister Park said, "I understand it was judged as an act of governance," Yoon stated, "Regarding high-level political acts, the president's authority should be respected and judicial review should be restrained," adding, "The Supreme Court precedent is to judge unconstitutionality within the limits of such restraint." This implies that President Yoon's declaration of martial law is also a high-level act of governance, making punishment difficult.

In response, opposition lawmakers criticized Yoon, saying, "Are you crazy?" and "Jeon Du-hwan." Speaker Woo Won-shik also criticized, "The military entered the National Assembly with guns under the president's order. How can that be called an act of governance, as a fellow member of the National Assembly?" Yoon retorted, "Mr. Speaker, you should first study the Supreme Court precedents."

Furthermore, Yoon urged, "Citizens, the constitutional history of the Republic of Korea is at a critical crossroads. The end of past presidents was tragic," calling on the National Assembly to initiate a constitutional amendment to abolish the imperial presidency. He emphasized, "If President Yoon resigns early and a presidential election is held immediately, constitutional amendment under the next president will be impossible," and "President Yoon must face political and judicial judgment for this incident."

Addressing Lee Jae-myung, leader of the Democratic Party of Korea, he said, "If the imperial presidency is not overhauled, the next president cannot avoid the same tragedy," urging, "Ruling and opposition parties, for the sake of the people and the future of Korea, let's make a decision once and for all."