Kim Yong-hyun's Side: "Emergency Legislative Body Memo Written by Minister"

The Establishment of a Substitute Legislative Body for the National Assembly Is Merely the Democratic Party's 'Treasonous Imagination'

The legal team of former Minister of National Defense Kim Yong-hyun stated on the 20th that regarding the note on the 'emergency legislative body' handed by President Yoon Seok-yeol to Acting President and Deputy Prime Minister Choi Sang-mok, who was also the Minister of Economy and Finance during the December 3 emergency martial law, "the memo was written by former Minister Kim," and argued that "the establishment of a substitute legislative body for the National Assembly is merely the Democratic Party's 'treasonous imagination.'"

The former minister's legal team clarified, "The emergency legislative body was a proposal to the president to form a preparatory organization within the Ministry of Economy and Finance and secure a budget to exercise the emergency financial legislative power under Article 76, Paragraph 1 of the Constitution," emphasizing that "it is completely unrelated to replacing the National Assembly."

The legal team explained, "Former Minister Kim proposed to the president the exercise of 'emergency orders and emergency financial legislative authority' to secure funds to restore government functions paralyzed due to the National Assembly's complete cut of the administrative budget, and the president instructed Acting President Choi to prepare and review this."

They also rebutted claims about the establishment of a substitute legislative body for the National Assembly, calling it "merely the Democratic Party's 'treasonous imagination.'"

The legal team further argued, "The conditions for issuing emergency orders and emergency financial legislative authority under Article 76, Paragraph 1 of the Constitution are 'to ensure national security and maintain public peace and order,' which coincide with the conditions for emergency martial law under Article 77, Paragraph 1 of the Constitution."

However, Article 76, Paragraph 1 of the Constitution stipulates the conditions for issuing emergency financial economic orders as "in cases of internal strife, foreign invasion, natural disasters, or serious financial or economic crises where urgent measures are necessary to ensure national security or maintain public peace and order, and there is no time to wait for the National Assembly to convene," which differs from the conditions for declaring martial law under Article 77, Paragraph 1, defined as "in times of war, armed conflict, or comparable national emergencies requiring military necessity or maintenance of public peace and order by armed forces."

Previously, the Special Investigation Headquarters for Emergency Martial Law by the prosecution noted in the indictment against former Minister Kim that President Yoon handed Acting President Choi a document immediately after the declaration of martial law, which included instructions such as "secure and report sufficient contingency funds as soon as possible, completely block all currently operating funds including various subsidies, support funds, and wages related to the National Assembly, and prepare a budget related to the national emergency legislative body."

This was presented as one of the key pieces of evidence supporting the allegation of intent to disrupt the constitutional order.

On the 18th, when Chief Judge Cha Eun-kyung, who presided over the pre-trial detention hearing, asked President Yoon, "What exactly is the emergency legislative body? Did you intend to establish an emergency legislative body after the declaration of martial law?" he reportedly responded, "I vaguely remember whether former Minister Kim wrote it," and added, "I had no intention of properly establishing an emergency legislative body."

Meanwhile, regarding the drafting process of Emergency Martial Law Proclamation No. 1, former Minister Kim reportedly testified during the prosecution investigation that "President Yoon referred to relevant legal codes during the drafting process."

It is true that former Minister Kim drafted the initial proclamation, but President Yoon reviewed it and gave instructions, including deleting the clause prohibiting restrictions on public movement.

The proclamation contains provisions banning all political activities such as the activities of the National Assembly, local councils, political parties, political organizations, assemblies, and demonstrations.

In relation to this, President Yoon's side recently submitted a statement to the Constitutional Court regarding the impeachment trial, explaining, "Former Minister Kim copied the wording from a past example when the president had the power to dissolve the National Assembly, and President Yoon overlooked the error in the wording due to carelessness," calling it "former Minister Kim's mistake."

In response, former Minister Kim's side expressed a difference in position, stating, "There seems to be a misunderstanding. The overall review was obviously done by President Yoon."