Park Kyuntaek: "Military Law Should Prioritize Public Common Sense Over Unjust Orders"

National Assembly Seminar on "A Constitutional Review of the Crime of Disobedience under the Military Criminal Act"
Discussion on the Legitimacy of the "Chae Marine Corps Death Investigation Pressure" and the "December 3 Martial Law"

Democratic Party member Kyuntak Park held a seminar titled "A Constitutional Review of the Crime of Disobedience under the Military Criminal Act" on the 11th at the National Assembly Members' Office Building, jointly with the Korean Military Law Association. Photo by Kyuntak Park's office

Democratic Party member Kyuntak Park held a seminar titled "A Constitutional Review of the Crime of Disobedience under the Military Criminal Act" on the 11th at the National Assembly Members' Office Building, jointly with the Korean Military Law Association. Photo by Kyuntak Park's office

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Park Kyuntaek, a member of the National Assembly from Gwangju Gwangsan-gap of the Democratic Party of Korea, announced on the 14th that he held a seminar titled "A Constitutional Review of the Crime of Disobedience under the Military Criminal Act" at the National Assembly Members' Office Building on the 11th.


This seminar was co-hosted by Representative Park and the Korean Military Law Association. It was organized to legally examine the crime of disobedience that arose from two major incidents involving the military during the Yoon Suk-yeol administration?namely, the "Chae Marine Corps Death Investigation Pressure" and the "December 3 Martial Law"?and to explore possibilities for improvement.


The keynote presentation was delivered by Kim Soyeon, a professor at the Jeonbuk National University Law School. Panelists included Choi Jin-ho, adjunct professor at Daedeok University Department of Police Administration; Sun Jong-su, research professor at Dong-A University Law Research Institute; Kwon Dohyeong, Director of the Ministry of National Defense Military Law Policy Division; and Eom Tae-moon, attorney-at-law.


The seminar examined the legal background and specific legal requirements for the crime of disobedience under the Military Criminal Act. It also reviewed whether there is a duty to obey unjust or illegal orders during the recent December 3 Martial Law incident, and discussed legislative improvements.


Representative Park stated, "It is time for our military legal system, which has been vulnerable to abnormal orders and rage from supreme commanders and the highest-level military leaders, to evolve into a more rational system." He added, "This event provided an opportunity to seek solutions with experts so that the military can prioritize the common sense of the people over unjust orders from those in power."



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