[노트북을 열며] Martial law and tennis court pledge: ZUM News

The ‘6-hour martial law situation’ that took place on the 3rd and 4th was full of unconstitutional and illegal actions. First of all, the consensus among constitutional scholars is that the requirement does not hold. This is because it is difficult to view it as a “state of war, incident, or equivalent national emergency,” which the Constitution (Article 77) stipulates as a martial law requirement. It is difficult to view the budget cuts proposed by the opposition party and the impeachment of the Board of Audit and Inspection and the prosecutor mentioned by President Yoon Seok-yeol as a national emergency equivalent to a wartime situation. This is because it is an area that must be resolved through politics. There is also controversy over whether the Cabinet meeting to deliberate martial law was properly held.

There is an assessment that the Martial Law Act (Article 4), which states, “When the President declares martial law, he must notify the National Assembly without delay,” was not followed. It was only announced in the form of a live broadcast, and Speaker Woo Won-sik, the head of the National Assembly, said, “The president did not notify the National Assembly.”

On the 4th, a helicopter lands at the National Assembly Stadium in Yeouido, Seoul, and takes off after lowering martial law forces. Reporter Jeon Min-gyu

What is more serious is the martial law decree that even banned political activities in the National Assembly. Martial law issued a proclamation saying, “All political activities, including the National Assembly, local councils, political party activities, political associations, and rallies and demonstrations, are prohibited.” This not only directly violates the Martial Law Act (Article 13), which states, “During martial law, members of the National Assembly shall not be arrested or detained unless they are active criminals,” but also “the National Assembly requested the lifting of martial law with the approval of a majority of the registered members.” It is an attempt to neutralize the Constitution (Article 77), which states, “The President must lift it when necessary.”

Martial law forces attempted to implement these orders on the ground. 280 armed elite troops, including paratroopers, broke windows and entered the National Assembly building, confronting lawmakers and aides. This scene was captured on each media company’s cameras. In the trial of former Presidents Chun Doo-hwan and Roh Tae-woo for treason, the Supreme Court ruled that they committed treason by interfering with members of the National Assembly. Investigation agencies are receiving a series of complaints requesting that President Yoon be punished for treason. Even a sitting president can be criminally prosecuted for treason. Discussions about the impeachment of the president also ignited.

The only consolation is that it confirmed the viability of Korean democracy. The constitutional ceremony was not stopped thanks to the legislature and citizens who gathered at the National Assembly in the middle of the night to neutralize martial law due to the ‘presidential risk’. Similarly, in 1789, when French King Louis The ‘Tennis Court Pledge’ eventually became the ignition of the French Revolution. How will this martial law situation change Korean society?

Social Affairs Reporter Han Young-ik

▶ JoongAng Ilbo / Add ‘Facebook’ friend

▶ Do you look up news? I have news!

ⓒJoongang Ilbo (https://www.joongang.co.kr), unauthorized reproduction and redistribution prohibited