"Establishing a Special Tribunal for Insurrection Cases Is 100% Unconstitutional"
Division Emerges over Martial Law Apology... Leadership in Turmoil
Majority of People Power Party Lawmakers Sympathize with Apology... Action Expected This Month
With the rejection of the arrest warrant for People Power Party lawmaker Choo Kyungho, the party has managed to catch its breath, but it is now launching a full-scale defense against the "Special Tribunal for Insurrection Cases Act" being pushed by the Democratic Party of Korea. After thoroughly reviewing the unconstitutionality of the proposed law, the party plans to file a constitutional complaint with the Constitutional Court and escalate its confrontational stance against the government and the ruling party. However, with the party leadership’s authority significantly shaken in the wake of recent apologies over martial law and calls for internal reform, there are concerns that the party’s unified stance could fracture.
People Power Party leader Jang Donghyuk is speaking at the Supreme Council meeting held at the National Assembly in Yeouido, Seoul on the 4th. Photo by Yonhap News
At the Supreme Council meeting held at the National Assembly on the morning of December 4, People Power Party leader Jang Donghyuk stated, "The Democratic Party pushed through the establishment of a special tribunal for insurrection cases and the introduction of the crime of legal distortion, which everyone opposes, as if conducting a military operation in the dead of night." He added, "The president is directly invoking Nazi war criminals to intimidate the public. This is a declaration of war against the people." His remarks were in protest against the passage, led by the Democratic Party, of the Special Tribunal for Insurrection Cases Act, the legal distortion crime, and the amendment to the Corruption Investigation Office for High-ranking Officials Act at the previous day's full session of the Legislation and Judiciary Committee.
On the same day, People Power Party members of the Legislation and Judiciary Committee held an "Urgent Seminar on the Unconstitutionality of Establishing a Special Tribunal and Introducing the Crime of Legal Distortion" at the National Assembly, continuing their offensive. The event was attended by leader Jang Donghyuk, floor leader Song Eonseok, and other party members on the committee. After reviewing the unconstitutionality of the bills with constitutional scholars and practicing lawyers, the party plans to soon file a constitutional complaint. The People Power Party is concerned that if these bills pass the plenary session, the dissolution of the Democratic Party for unconstitutionality could gain momentum. The Democratic Party is currently considering handling the bills at the plenary session scheduled for December 9.
At the seminar, floor leader Song Eonseok said, "The overwhelming majority of constitutional scholars believe that establishing a special tribunal for insurrection cases is 100% unconstitutional," adding, "The Democratic Party continues its reckless drive to destroy the Constitution, and the People Power Party will fight against this to the end." Lawmaker Na Kyungwon also argued, "The politics of fear surrounding insurrection collapsed like a sandcastle with yesterday's dismissal of the arrest warrant," and claimed, "They are the ones truly committing insurrection through legislation."
On the 3rd, Lee Sungkwon, Kim Yongtae, and other members of the People Power Party held a press conference at the National Assembly Communication Office in Yeouido, Seoul, to announce their position regarding the emergency martial law of December 3rd, bowing deeply in apology. Photo by Yonhap News.
Although the People Power Party is mounting a hardline struggle, the leadership needed to guide it is on shaky ground. This is because, on the first anniversary of the December 3 Martial Law, leader Jang Donghyuk made remarks that seemed to defend martial law rather than apologize, drawing internal criticism. Lawmaker Kim Jaeseop targeted Jang on his social media, stating, "I am deeply disappointed," while lawmaker Park Junghoon also questioned, "I must ask whether Jang Donghyuk's leadership truly represents the majority of party members."
On the previous day, 25 People Power Party lawmakers held a separate press conference, pledging a political break with former President Yoon Sukyeol and promising reforms tantamount to a complete re-founding of the party. It is known that even more lawmakers within the party sympathize with this position. One two-term lawmaker who participated in the apology said in a phone interview, "After drafting the statement, we checked with most lawmakers about joining, and over 50, a majority, agreed," adding, "Although some withheld their names due to local political circumstances, it was confirmed that a significant number share these sentiments."
The problem is that as the June 2026 local elections approach, divisions within the party could accelerate, especially among lawmakers from the Seoul metropolitan area and younger members. Lawmakers who issued the statement plan to begin acting on their pledges as early as this month. One lawmaker said, "Apologies and self-reflection cannot be just words," adding, "We are preparing steps to restore trust so that the public can understand our sincerity."
Jang Donghyuk, leader of the People Power Party, is delivering a greeting at the "Urgent Seminar on the Unconstitutionality of Establishing a Special Tribunal and Introducing the Crime of Legal Distortion" held on the 4th at the National Assembly Members' Office Building in Yeouido, Seoul. Photo by Yonhap News Agency
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