Regarding the 'December 3 Emergency Martial Law Incident,' the defense attorneys of former Minister of National Defense Kim Yong-hyun, who is on trial in custody, have announced their intention to file a complaint against former People Power Party leader Han Dong-hoon and Democratic Party leader Lee Jae-myung for violating the 'Martial Law Proclamation.'
Defense attorneys of former Minister of National Defense Kim Yong-hyun, who was arrested and indicted for the December 3 insurrection incident. Photo by Kang Jin-hyung
According to the legal community on the 29th, attorneys Yoo Seung-soo and Lee Ha-sang, representing former Minister Kim, stated that they will file a complaint with the Supreme Prosecutors' Office on the 30th against former leader Han, leader Lee, and Democratic Party lawmaker Park Joo-min on charges of violating the Martial Law Act and trespassing.
In the complaint distributed to the media, they wrote, "The accused conspired to allow Han Dong-hoon, who was prohibited from entering the National Assembly building, to enter the National Assembly building for political activities, thereby violating Article 1, Clause 1 of Martial Law Proclamation No. 1, and are thus reported."
The Martial Law Proclamation was announced on the 3rd under the name of Martial Law Commander Park An-soo, and Article 1, Clause 1 states, "All political activities including the activities of the National Assembly, local councils, political parties, political associations, assemblies, and demonstrations are prohibited."
The defense team of former Minister Kim further argued, "Emergency martial law is an inherent constitutional authority of the president, and Han Dong-hoon, who unlawfully intruded into the National Assembly plenary session on December 3, along with Park Joo-min and Lee Jae-myung who assisted him, should all be punished as accomplices in violating the Martial Law Act."
The prosecution considers the declaration and proclamation of this emergency martial law itself unconstitutional and illegal, and on the 27th, indicted former Minister Kim on charges of engaging in important duties related to rebellion and abuse of authority while in custody.
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