Prosecutors: "December 3 Martial Law Denied Parliamentary System and Violated Warrant Principle"

Constituent Elements of Treason under Criminal Law... "Purpose of Disrupting National Order Recognized"

On the 27th, the prosecution investigating the ‘12·3 Emergency Martial Law’ incident announced in the investigation materials released upon the indictment and detention of former Minister of National Defense Kim Yong-hyun that the ‘purpose’ of disrupting the national order was recognized and that it constituted a ‘riot.’ This is interpreted as emphasizing that two key elements of the crime of rebellion were fulfilled.

The prosecution stated, “The president unlawfully and unconstitutionally declared emergency martial law, issued a proclamation, and mobilized armed military and police forces to blockade the National Assembly.” The investigation materials also noted that after seizing control of the National Assembly and the National Election Commission, they attempted to arrest and detain key figures such as members of the National Assembly and National Election Commission staff without warrants based on the proclamation. During this process, there was also an attempt to seize the National Election Commission’s electronic data without a warrant.

The prosecution further stated, “There is also an intention to prevent the passage of a resolution demanding the lifting of martial law by mobilizing the military and police, and to establish a separate emergency legislative body.” The prosecution viewed the president’s actions as “coercing state institutions established by the Constitution, such as the National Assembly, members of the National Assembly, and the National Election Commission, making it impossible for them to exercise their authority.” Regarding former Minister Kim Yong-hyun, they said, “His actions deny the parliamentary system and violate the principle of warrant, which could cause the disruption of the national order.”

The prosecution also said, “Based on the unconstitutional and illegal proclamation of emergency martial law, mobilizing a large number of armed martial law troops and police to disturb the peace in areas including Yeouido, Gwacheon, Suwon, and Gwanak-gu constitutes ‘inciting a riot.’”