Reconstructing the Night of the 'Martial Law Declaration' Through the Indictment
It has been revealed that President Yoon Seok-yeol, despite the objections of Prime Minister Han Duck-soo and other cabinet members just before the declaration of martial law, said, "If we change the plan now, everything will go wrong," and "We have deliberated at the Cabinet meeting and must make an announcement, so I am going," before issuing a public address to the nation.
According to the legal community and Yonhap News on the 4th, the Special Investigation Headquarters for Martial Law (headed by Park Se-hyun, Seoul High Prosecutors' Office Chief) included these details in the indictment against former Minister of National Defense Kim Yong-hyun.
President Yoon Suk-yeol is delivering a live national address at 10 a.m. on the 7th of last month, ahead of the impeachment vote related to the declaration of martial law. (TV recording) Photo by Jo Yong-jun
According to the indictment, President Yoon decided to hold a Cabinet meeting at 10 p.m. on the 3rd, just before the declaration of martial law, and from lunchtime until around 9:33 p.m. that day, he instructed Prime Minister Han Duck-soo and other cabinet members to come to the Presidential Office quickly without informing them of the reason for the meeting.
Prime Minister Han, who arrived before the quorum of cabinet members was met, told President Yoon, "If martial law is declared, the economy will become extremely difficult. There are concerns about a decline in external credibility," and Foreign Minister Cho Tae-yeol also urged against it, saying, "It would not only have diplomatic repercussions but also destroy the achievements South Korea has built over 70 years."
Deputy Prime Minister and Minister of Economy and Finance Choi Sang-mok also reportedly said in his office, "The declaration of martial law would have a fatal impact on the economy and national credibility, so it should not be done."
Nevertheless, President Yoon said, "If we leave the pro-North leftists as they are, the country will be ruined, and neither the economy nor diplomacy will work. The cabinet members' perception of the situation differs from the president's. It is irreversible," and instead gave instructions on measures to be taken after the declaration of martial law.
Ultimately, following President Yoon's summons, a total of 11 cabinet members gathered in the Presidential Office's reception room just before the declaration of martial law. Attendees included Prime Minister Han, Foreign Minister Cho, Deputy Prime Minister Choi, Minister of the Interior and Safety Lee Sang-min, Minister of Justice Park Seong-jae, Minister of Unification Kim Young-ho, Director of the National Intelligence Service Cho Tae-yong, Chief of Staff to the President Jeong Jin-seok, Director of National Security Shin Won-sik, Minister of Agriculture, Food and Rural Affairs Song Mi-ryeong, Minister of Health and Welfare Cho Kyu-hong, and Minister of SMEs and Startups Oh Young-joo.
Then, from 10:17 p.m. for five minutes, President Yoon reportedly said, "If we change this plan now, everything will go wrong. It has already been reported to the media, and inquiries are flooding in," and "We have no choice but to declare martial law. This is the president's decision."
He then said, "We have deliberated at the Cabinet meeting and must make an announcement, so I am going," and left the reception room with former Minister Kim before issuing a public address to the nation around 10:23 p.m., declaring martial law, according to the prosecution's investigation.
The prosecution judged that these Cabinet meeting procedures and the process of declaring martial law violated both the Constitution and the Martial Law Act.
The president must submit matters requiring focused deliberation at the Cabinet meeting as agenda items and receive necessary review opinions to conduct sufficient deliberation. However, President Yoon and former Minister Kim did not submit the martial law declaration agenda as an item to the Cabinet meeting, and the only exchange of opinions was unofficial discussions with a few cabinet members, including Prime Minister Han, before the gathering of 11 members.
Furthermore, the prosecution judged that the martial law declared by President Yoon violated all the declaration requirements and procedures stipulated by the Constitution and the Martial Law Act. The prosecution found that former Minister Kim violated legal procedures by directly recommending the declaration of martial law to President Yoon without going through Prime Minister Han, and that appointing General Park An-soo, Chief of Staff of the Army, as martial law commander without Cabinet deliberation was also illegal.
Additionally, according to the Constitution, for the president to perform acts of state lawfully, the Prime Minister and relevant cabinet members must countersign the relevant documents. However, President Yoon did not document the declaration of martial law and notification to the National Assembly, so cabinet members former Minister Kim and Prime Minister Han were unable to countersign.
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