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| Author | 국제팀 | Hit | 492 | Date | 2024-12-04 오전 11:12:00 |
|---|---|---|---|---|---|
| Subject | Statement from the KBA on the Recent Proclamation of Extraordinary Martial Law in Korea |
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Statement from the KBA on the Recent Proclamation of Extraordinary Martial Law in Korea The Korean Bar Association (KBA) sincerely thanks the global bar associations and lawyers for your concerns and thoughtful expressions of solidarity regarding the unprecedented proclamation of extraordinary martial law in Korea. We deeply regret that such an exceptional situation occurred in our country. Before the National Assembly resolved to demand the lifting of extraordinary martial law, the KBA issued a strong statement condemning the proclamation as unconstitutional. Following this, through constitutional procedures, the National Assembly formally requested the lifting of martial law, and the President complied. All processes were carried out in strict adherence to constitutional procedures, and thankfully, no armed conflict occurred during this period. Thanks to your support and concern, as of December 4, 2024, all sectors in Korea have returned to normalcy without any disruptions. The KBA remains committed to upholding the rule of law and protecting human rights. Should any future threats arise that endanger constitutional values, we will not hesitate to seek the support of the international legal community. Thank you once again for your unwavering support, and for further details, please see the statement below. ================================================================================================== [Statement] The KBA Calls for the Immediate Lifting of the Unconstitutional Extraordinary Martial Law Destroying Liberal Democracy and Constitutional Order The Korean Bar Association(KBA) declares the proclamation of extraordinary martial law by President Yoon Suk Yeol an unconstitutional act that undermines liberal democracy and the constitutional order. The KBA strongly urges the President to lift the extraordinary martial law immediately. On the night of December 3, President Yoon announced during an emergency address from the Presidential Office in Yongsan that extraordinary martial law was being proclaimed “to eradicate anti-state and pro-North forces and to protect the liberal constitutional order.” Under Article 77(1) of the Constitution, the President may proclaim extraordinary martial law “when it is required to cope with a military necessity or to maintain the public safety and order by mobilization of the military forces in time of war, armed conflict, or similar national emergency, under the conditions as prescribed by Act.” Furthermore, Article 77(5) stipulates that “when the National Assembly requests the lifting of martial law with the concurrent vote of a majority of the total members of the National Assembly, the President shall comply.” However, the current situation does not qualify as a state of war, armed conflict, or a national emergency similar to those defined in the Constitution. The absurdity of such a claim makes a verbal rebuttal unnecessary. Additionally, by proclaiming extraordinary martial law and subsequently shutting down the National Assembly, the President has physically obstructed the Assembly from requesting the lifting of martial law. This clearly demonstrates that the President’s proclamation of extraordinary martial law is unconstitutional both substantively and procedurally. The KBA hereby declares that the President’s proclamation of extraordinary martial law constitutes a violation of the Constitution. The KBA calls on the President to fulfill his duty to uphold the Constitution and the law and to immediately rescind the extraordinary martial law of his own accord. December 3, 2024 Young Hoon KIM, President of the Korean Bar Association |
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20241203 [Statement]The KBA Calls for the Immediate Lifting of the Unconstitutional Martial Law.pdf
