{"id":2208538,"date":"2025-02-27T18:26:50","date_gmt":"2025-02-27T09:26:50","guid":{"rendered":"https:\/\/koreapro.org\/?p=2208538"},"modified":"2025-02-27T18:26:50","modified_gmt":"2025-02-27T09:26:50","slug":"yoons-final-martial-law-defense-desperation-or-constitutional-overreach","status":"publish","type":"post","link":"https:\/\/koreapro.org\/2025\/02\/yoons-final-martial-law-defense-desperation-or-constitutional-overreach\/","title":{"rendered":"Yoon\u2019s final martial law defense: Desperation or constitutional overreach?"},"content":{"rendered":"
President Yoon Suk-yeol delivered a 67-minute final defense statement on Tuesday, concluding 10 rounds of Constitutional Court hearings, 84 days after declaring martial law on Dec. 3.<\/span><\/p>\n In his long, detailed speech, Yoon framed his Dec. 3 martial law declaration as a \u201cdesperate\u201d plea to the nation rather than an attempt to upset the constitutional order, while shifting blame to the opposition.<\/span><\/p>\n Korea Pro<\/span><\/i> analyzed key quotes from Yoon’s defense speech, categorizing them into four main themes that reveal his legal and political strategy.<\/span><\/p>\n REDEFINING MARTIAL LAW AS LEGITIMATE COMMUNICATION TOOL<\/b><\/p>\n \u201cThe Dec. 3 martial law is completely different from martial laws of the past. It was not a martial law that attempted to suppress citizens with military force, but an appeal to the public, borrowing the form of martial law. The declaration\u2026 was to announce that this country is now in a national crisis, and it is a desperate appeal for sovereign citizens to face the situation and join together to overcome it.\u201d\u00a0<\/span><\/i><\/p>\n \u201cThe opposition party claims I declared martial law to establish a dictatorship and extend my rule. This is a conspiracy frame trying to impose charges of insurrection. If that were truly my intention, would I have deployed only 280 unarmed troops? Would I have declared martial law on a weekday rather than a weekend and ordered troops to move after declaring martial law? \u2026 Is there such a thing as a two-hour coup? Have you ever seen a coup that is announced to the entire world and all citizens via broadcast, and then see troops withdrawn and stopped when the National Assembly voted for it to stop?”\u00a0<\/span><\/i><\/p>\n Lawmakers’ aides and citizens try to stop martial law troops from entering the National Assembly building, Dec. 3, 2024 | Image: Democratic Party Leader Lee Jae-myung via Twitter<\/em><\/p><\/div>\n \u201cCabinet members began arriving in succession from 8:30 p.m., and I explained the martial law to them, while the Defense Minister distributed the martial law declaration document outlining the overview of martial law. Cabinet members expressed concerns about economic and diplomatic difficulties, and I, as president, explained that I disagreed with my Cabinet, and that the country was in an emergency situation requiring emergency measures.\u201d<\/span><\/i><\/p>\n \u201cThe claim that I ordered the arrest of National Assembly members or to drag them out of the plenary chamber \u2014 this is a completely absurd claim. Logically, what would this accomplish? Even if members were arrested and dragged out to delay or prevent the lifting of martial law, what could be done next with the whole nation and world watching?\u201d\u00a0<\/span><\/i><\/p>\n \u201cI decided on martial law when I saw that I could no longer neglect this nation\u2019s life-or-death crisis. I wanted to inform the sovereign citizens about the opposition party\u2019s anti-national viciousness and appeal to them to stop these people with vigilant monitoring and criticism. I declared martial law with a desperate heart to prevent the paralysis of state affairs and collapse of the liberal democratic constitutional order, and to normalize state functions.\u201d<\/span><\/i>\u00a0<\/span><\/p>\n \u201cI cannot understand which part of these measures constitutes rebellion or a crime. If martial law itself is illegal, why does the martial law statute exist, and why is there a martial law office at the Joint Chiefs of Staff?\u201d<\/span><\/i><\/p>\n President Yoon Suk-yeol inspects the military during South Korea’s Armed Forces Day, driving past a Hyunmoo-5 missile, Oct. 1, 2024 | Image: ROK Presidential Office<\/em><\/p><\/div>\n PERCEIVED NATIONAL SECURITY THREATS AS JUSTIFICATION<\/b><\/p>\n \u201cWhen examining the national situation as president with access to much information, one sees things that others don\u2019t see, problems that aren\u2019t readily apparent. Things that seem fine now but will soon become major crises come into the president\u2019s view. I saw the reality of this country heading toward the edge of a cliff, like a frog in slowly boiling water, unaware of the reality before its eyes.\u201d<\/span><\/i>\u00a0<\/span><\/p>\n \u201cNorth Korea and external forces threatening our sovereignty, and anti-state forces within our society are coordinating to seriously threaten national security and continuity. They are driving our society into conflict and confusion through fake news, public opinion manipulation and propaganda.\u201d\u00a0<\/span><\/i><\/p>\n \u201cJust in 2023, the case of the Korean Confederation of Trade Unions\u2019 spy ring, once exposed, easily confirms the existence of anti-state forces. They met with North Korean operatives, received direct orders and passed military facility information to North Korea. Following North Korean orders, they conducted general strikes, opposed U.S. President Biden\u2019s visit, opposed U.S.-ROK joint exercises and conducted anti-government demonstrations regarding the Itaewon disaster.”<\/span><\/i>\u00a0<\/span><\/p>\n A makeshift memorial for the victims of the Itaewon crowd crush located at Itaewon Station’s Exit 1, Nov. 11, 2022 | Image: Korea Pro<\/em><\/p><\/div>\n \u201cThe security issues with the National Election Commission\u2019s computer systems are directly related to election fairness and are about protecting a core public asset of our liberal democratic system. Moreover, given the large quantity of fake fraudulent ballots revealed in election lawsuits, and statistical and mathematical evidence making the election results difficult to accept, there has been a steady need for transparent inspection of the NEC\u2019s computer systems.\u201d\u00a0<\/span><\/i><\/p>\n \u201cLast year, Chinese individuals were caught flying drones to photograph our military bases, the National Intelligence Service, international airports and U.S. military facilities in Korea. To punish these people for espionage, we need to amend the law, but the majority opposition party is adamantly refusing.\u201d\u00a0<\/span><\/i><\/p>\n \u201cAs you all know, in 2023, national institutions including the National Election Commission suffered serious hacking by North Korea. The NEC, despite being notified of this fact by the National Intelligence Service, unlike other state institutions, failed to properly respond to inspections. When they reluctantly agreed to some inspections, serious security problems were revealed, which is why we sent a small military force as a screening measure for the NEC\u2019s computer systems.\u201d\u00a0<\/span><\/i><\/p>\n \u201cThe opposition cut the budget for key defense items. The opposition cut by a large margin the budget for surveillance assets, which are the core of the \u2018Kill Chain\u2019 for preemptive strikes on North Korean nuclear and missile bases \u2026 The drone defense budget \u2026 was cut, effectively terminating the project. It\u2019s curious enough to wonder who ordered them to select and cut only these core budgets so precisely.\u201d<\/span><\/i><\/p>\n South Korea unveils its domestically produced Long-Range Surface-to-Air Missile (L-SAM) at Seoul Air Base, Sept. 26, 2023 | Image: Korea Pro<\/em><\/p><\/div>\n THE OPPOSITION IS A REAL THREAT TO CONSTITUTIONAL ORDER?<\/b><\/p>\n \u201cThe opposition party has been busy defending the Korean Confederation of Trade Unions, and after stripping the National Intelligence Service of its counter-espionage authority, is now advocating for the abolition of the National Security Law. They even cut the entire special activities budget used for police counter-espionage to zero. In a word, they\u2019re saying don\u2019t catch spies.\u201d\u00a0<\/span><\/i><\/p>\n \u201cThe opposition party has impeached not only Cabinet ministers but also the Broadcasting and Communications Commission chairman, prosecutors and the head of the Board of Audit and Inspection \u2014 impeachment after impeachment after impeachment. The grounds for impeachment were completely irrelevant. They even impeached a minister for glaring at the opposition party leader.\u201d<\/span><\/i>\u00a0<\/span><\/p>\n \u201cThe constitutional authority of the National Assembly is given to be used for the people. If they abuse that authority to paralyze government functions for their political purposes, this is nothing short of constitutional disorder that collapses the constitutional order \u2026 The majority opposition party\u2019s various national constitutional violations are based on perceptions that are far from the spirit of the liberal democratic constitution in terms of national identity and foreign relations. Therefore, serial impeachments, legislative and budget excesses to bring down the directly elected president are destroying the liberal democratic constitutional order from any perspective.\u201d<\/span><\/i><\/p>\n South Korean President Yoon Suk-yeol meets with former President Park Geun-hye, Nov. 7, 2023 | Image: ROK Presidential Office<\/em><\/p><\/div>\n PRESIDENTIAL PLEDGES 2.0 AND PERSONAL TOUCH<\/b><\/p>\n \u201cIf I am restored to my duties, I plan to focus the latter part of my term on promoting constitutional amendments and political reforms to tailor the 1987 system to our current needs and pass on a proper country to future generations. I have had plans from the beginning of my presidency to pursue constitutional amendments and political reforms like electoral system reform in the middle and latter parts of my term.\u201d\u00a0<\/span><\/i><\/p>\n \u201cAbove all, I can clearly state that it was never a choice for my benefit \u2026\u00a0 I was already in the position of president, the pinnacle of power. The easiest and most comfortable path for a president is to not initiate difficult and dangerous actions, to compromise appropriately with various social forces, to say pleasing things to everyone, and to spend the five-year term peacefully.\u201d\u00a0<\/span><\/i><\/p>\n Edited by John Lee<\/span><\/i><\/p>\n
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\n<\/span>The Constitutional Court may view this as confirming that martial law was used symbolically rather than to address an actual security crisis, which is a purpose not authorized by the Constitution. The judiciary could interpret this as an after-the-fact rationalization that actually underscores the absence of constitutional compliance, as martial law powers are meant exclusively for genuine national emergencies, not brief political demonstrations of authority that can be quickly abandoned when challenged.<\/span><\/li>\n<\/ul>\n\n
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