• List

As complaints and accusations of insurrection continue to be filed over President Yoon Suk Yeol’s declaration of martial law, attention is focusing on whether insurrection charges can be applied to a sitting president.

(Omitted)

Attorney Chon Hyeong Hwan of YK Law Firm also said in a phone interview, “The president’s declaration of martial law is a constitutionally permitted power, so it would be difficult to apply insurrection charges merely on the basis of exercising that authority.”

He pointed out, however, “If that authority was clearly unconstitutional and was used as a means to undermine the constitutional order, then the possibility of applying insurrection charges remains open.”

Attorney Chon said, “In particular, the declaration of emergency martial law is a presidential power under Article 77 of the Constitution, but if it was abused for an unconstitutional purpose, insurrection charges may be applicable.”

He further analyzed, “The Supreme Court en banc ruling also clearly set forth the requirements for insurrection, including the purpose of undermining the constitutional order, violence or intimidation, and specific acts of execution. If this reasoning is applied, there is a possibility that President Yoon could be punished for insurrection.”

Another lawyer in Seocho-dong also said in a phone interview, “First of all, Paragraph 1 of Martial Law Proclamation No. 1 suspended the activities of the National Assembly, and that itself is unconstitutional. This incident went far beyond the scope of martial law.”

The lawyer added, “I do not necessarily see the deployment of security forces to the National Assembly as a problem in itself, but circumstances have emerged suggesting that troops entered the main building of the National Assembly and attempted to occupy the plenary chamber. That alone would be sufficient to establish insurrection.”

(Rest omitted)

Source: Aju Business Daily, Reporter Kwon Kyu-hong, “[Aftermath of Emergency Martial Law] Can Insurrection Charges Be Applied to ‘Incumbent’ President Yoon?” December 4, 2024.
Full article available at the original URL.