Declared Martial Law After Just Filling Quotas... Notification, Not Deliberation
Even 'Jeon Du-hwan New Military Group' Followed, Yet No Meeting Minutes
Legal Flaws in 'Governance Act'... Likely to Lean Toward Treason Charges
President Yoon Suk-yeol claimed that the declaration of martial law was a 'highly political act,' but critics argue that this does not address the legal flaws. Even the 'Chun Doo-hwan military regime' did not violate legal procedures, as they kept records of the Cabinet meetings. This is expected to strengthen the application of charges related to rebellion.
According to the government on the 13th, the Cabinet meeting convened before the declaration of martial law on the 3rd lasted only five minutes, from 10:17 PM. The Cabinet meeting can be convened at any time as needed. However, to declare martial law, it must go through Cabinet deliberation and require the signatures of Cabinet members. Afterwards, the National Assembly must be notified without delay.
On the 12th, citizens at the Seoul Station waiting room are watching the urgent statement announcement regarding President Yoon Seok-yeol's declaration of martial law. Photo by Kang Jin-hyung
According to compiled reports, on the day of the martial law declaration, President Yoon first called a small number of Cabinet members to Yongsan around 8 to 9 PM. Former Minister of National Defense Kim Yong-hyun and former Minister of the Interior and Safety Lee Sang-min had already arrived. Later, Prime Minister Han, Minister of Foreign Affairs Cho Tae-yeol, and Minister of Unification Kim Young-ho, among the 'security line,' reportedly arrived.
Prime Minister Han and others who were aware of the martial law plan expressed opposition, and some Cabinet members raised procedural concerns and tried to halt the process. Considering the hurriedly convened 'late-night' Cabinet meeting, it is reasonable to infer that President Yoon initially intended to bypass the legal procedure of Cabinet deliberation for the martial law declaration.
The problem is that even the convened Cabinet meeting had significant legal flaws. Although the quorum of 11 members was met, President Yoon, who should have presided over the meeting as chairperson, did not share the reasons for declaring martial law or the execution plan. Instead of a 'Cabinet deliberation,' it was effectively a 'notification' of martial law.
Prime Minister Han acknowledged the illegitimacy of the meeting during an emergency inquiry at the National Assembly on the 11th. When asked, "Did you sign the martial law declaration document?" he replied, "I have never seen the document nor signed it." When questioned, "Is it correct that the Cabinet meeting before the martial law declaration was not a legitimate Cabinet meeting?" he responded, "I agree."
Minutes of the 42nd Extraordinary Cabinet Meeting, where the declaration of martial law on May 17, 1980, was approved. National Archives of Korea
Minister of Agriculture, Food and Rural Affairs Song Mi-ryeong, who was called to the Cabinet meeting late, testified, "When I entered the meeting room, I heard just two words, 'martial law,' from beside me and was shocked and thought it should be stopped." She added, "The meeting started and ended without any declaration, and the President briefly came in and left," and "In a confused situation among Cabinet members, someone turned on a mobile phone, and the President's voice declaring martial law was heard."
There are concerns that holding the 'martial law meeting,' which was conducted in a way that made it impossible to stop, might excessively hold the Cabinet responsible. This could intimidate the public officials who must continue their duties regardless of the administration.
Meanwhile, the martial law declaration on May 17, 1980, which was the background of the 'Gwangju Massacre' by the military regime, was approved at the '42nd Extraordinary Cabinet Meeting' that year. The minutes of the meeting, including when, where, who attended, and who was present, remain documented.
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