Yoon’s team justifies martial law

Feb 26, 2025, 08:16 am

AsiaToday reporter Nam Mi-kyung

President Yoon Suk Yeol's defense team argued Tuesday that Yoon had a right as president to issue his martial law decree, and that it cannot be subject to judicial review. In the final hearing of the Constitutional Court's impeachment trial, they reiterated that President Yoon declared the martial law to counter the tyranny of the major opposition party and to protect the Republic of Korea from North Korean communist forces.

The Constitutional Court held the 11th and final hearing of President Yoon's impeachment trial. Both the National Assembly and President Yoon's representatives clashed over the constitutionality of the December 3rd emergency martial law declaration before making their final statements. "The President cannot be prosecuted for exercising constitutional authority, and all official acts cannot be subject to judicial review," President Yoon’s team said. They emphasized that the exercise of emergency martial law should be regarded as a governmental act, similar to the exercise of pardon power and diplomatic rights, and that the judiciary should not infringe on the independent authority of the executive branch.

President Yoon's team also mentioned last year’s former labor union’s espionage incident, stating, "In an emergency national address, the President mentioned that our National Assembly has become a den of criminals, paralyzing the national system through legislative dictatorship, and attempting to overthrow the free democratic system," stressing that it was a warning martial law. Additionally, President Yoon's team presented photos showing National Assembly Speaker Woo Won-shik and Democratic Party leader Lee Jae-myung climbing over the National Assembly fence on the day of the martial law declaration, arguing, "If the martial law forces had intended to block access, they would have taken measures earlier," and emphasizing, "There was no attempt to obstruct the Assembly's decision."

In contrast, the National Assembly argued that the series of actions, from the declaration of emergency martial law to the attempt to block the Assembly, constituted serious constitutional violations, warranting President Yoon's immediate removal from office. They also stressed that if the impeachment motion is dismissed, democracy will be undermined. The National Assembly stated, "We witnessed the fully armed Korean military landing at the National Assembly by helicopter," and "The emergency martial law situation is an act of destroying the Constitution of the Republic of Korea and overthrowing the democratic republic."

The final ruling by the Constitutional Court is expected in mid-March, within two weeks of the final hearing, based on the precedents of former presidents. In the case of former President Park Geun-hye, the ruling date was announced two days in advance, and for former President Roh Moo-hyun, it was announced three days in advance. If six or more of the eight judges agree to impeach President Yoon, he will be removed from office, and an early presidential election process will follow. Conversely, if three or more judges oppose the impeachment, the motion will be dismissed, and President Yoon will immediately return to office.

#martial law #final hearing #Yoon Suk-yeol #constitutional court