Yoon’s Lawyer Claims that Declaring Martial Law is a Constitutional Authority Granted to the President
I wonder what will happen if the legal system convicts Yoon of treason, but the Constitutional Court does not approve his impeachment?:
Attorney Yoon Gap-geun, legal representative for President Yoon Suk Yeol, speaks during a press conference held near Gangnam Station in Seoul on Saturday.
Attorney Yoon Gap-geun argued that the declaration of martial law by President Yoon could never constitute treason, stating, “Martial law is a constitutional authority granted to the president, and there has never been a case where the exercise of emergency powers by the president was punished as treason. This conclusion is supported by the majority of constitutional scholars.”
You can read more at the link.
Article 77 of South Korean Constitution states:
When it is required to cope with a military necessity or to maintain the public safety and order by mobilization of the military forces in time of war, armed conflict or similar national emergency, the President may proclaim martial law under the conditions as prescribed by Act.
On December 3, 2024, was there an armed conflict in South Korea threatening the safety of the public? Nope.
Was there a national emergency like a major disaster threatening the safety of the public? Nope.
December 3, 2024 was like any other day, no different from the day before. So there was absolutely no good reason for him to declare Martial Law, other than an attempt to grab power.
Even if the President wants to declare a martial law, he must address that to the National Assembly. Instead, he announced it alone, on TV, while trying to lock out the National Assembly members from the National Assembly and trying to arrest key members which included floor PPP party leader Han Dong-Hoon (his wife didn’t like him due to personal reasons), opposition party leader Lee Jae-Myung, and National Assembly Speaker Woo Won-Sik (a bi-partisan speaker of the house).
And the President had absolutely no right to send troops to shut down the National Assembly, trying to prevent a vote to cancel the martial law. That is also illegal.