"Emergency Martial Law Nightmare"... Opposition Proposes 20 Bills to Amend Martial Law Act

During the Dec. 3 Incident, When Constitutional Violation Suspicions Arose
National Assembly Proposes Numerous Amendments Including 'Prior Consent Required for Martial Law Declaration'... Mainly Post-Event Remedies

Opposition lawmakers, including those from the Democratic Party of Korea, have collectively proposed numerous 'Partial Amendments to the Martial Law Act (Amendment Bill)' following the December 3 martial law incident.

According to the National Assembly Legislative Information System on the 11th, since the 3rd, there have been 19 amendment bills to the Martial Law Act introduced by Democratic Party lawmakers as principal sponsors. One amendment bill was also submitted by Kim Jaewon of the Joguk Innovation Party. Amid claims that the martial law declared by President Yoon Seok-yeol on the 3rd violated the Constitution and laws, there is a movement to revise the Martial Law Act using legislative authority. The Democratic Party lawmakers who have introduced the amendment bills as principal sponsors include Kang Deuk-gu, Kwon Chil-seung, Bok Gi-wang, Baek Hye-ryeon, Seo Sam-seok, Seo Young-kyo, Yoon Jun-byeong, Yoon Ho-jung, Lee Yong-woo, Lee Won-taek, Lee Hae-sik, Lim Oh-kyung, Jang Cheol-min, Jeong Jun-ho, Jin Sun-mi, Han Min-su, Han Jeong-ae, Hwang Myeong-seon, and Hwang Jeong-a, totaling 19 members.

President Yoon Suk-yeol declared martial law, and in the early morning of the 4th, citizens gathered in front of the National Assembly in Yeouido, Seoul, urging the lifting of martial law. Photo by Kang Jin-hyung

On the 3rd, President Yoon declared martial law but sparked controversy by failing to comply with the constitutional provision stating, "When martial law is declared, the President must immediately notify the National Assembly." Additionally, if the National Assembly demands the lifting of martial law with the approval of the majority of its members, the President must lift it; however, President Yoon delayed the resolution to lift martial law for over three hours, citing a lack of quorum in the Cabinet meeting. There were also allegations of legal violations regarding the deployment of martial law troops to the National Assembly, which is the channel for lifting martial law. Furthermore, there is debate over whether the situation at the time met the conditions for declaring martial law, such as war, armed conflict, or a comparable national emergency.

Accordingly, the amendment bills proposed by opposition lawmakers include provisions to restrict such illegal actions. Some amendments stipulate that if the National Assembly is not notified of the martial law declaration, the effect of martial law is immediately nullified, and if a motion to lift martial law passes in the National Assembly, the effect of martial law is nullified as soon as it reaches the President. One bill explicitly mentions in its purpose that it aims to "prevent the recurrence of Yoon Seok-yeol's unconstitutional and illegal personal coup," directly naming President Yoon. There is also a bill requiring prior approval from the National Assembly before martial law can be declared.

Meanwhile, the martial law amendment bill introduced by Supreme Council member Kim Min-seok on September 20 as part of the 'Spring of Seoul 4 Laws' also drew attention. Supreme Council members Kim Min-seok and Kim Byung-joo, along with lawmaker Park Seon-won, had advocated for the need to amend the Martial Law Act prior to the December 3 martial law incident. When introducing the amendment, Supreme Council member Kim mentioned concerns that "the National Assembly's constitutional authority to lift martial law could be nullified."

This content was produced with the assistance of AI translation services.