Pres. Yoon's emergency martial law challenged as unconstitutional

[Anchor]

Yes, as you just saw, the impeachment motion cites that President Yoon declared an unconstitutional and illegal state of emergency, which infringed upon the basic rights of the people as a core reason.

The legal community is also raising questions about whether the reasons for declaring the state of emergency met the requirements set forth in the Constitution and laws.

Continuing with reporter Kim Beom-joo.

[Report]

The crux of this impeachment motion is that President Yoon declared a state of emergency despite not being in a situation defined as an emergency by the Constitution and laws.

The Constitution and the Martial Law Act stipulate that a state of emergency can be declared in cases of war, rebellion, or similar national emergencies, when social order is severely disrupted, making it difficult to perform administrative and judicial functions.

However, there are skeptical reactions regarding whether the repeated impeachment proposals and budget cuts from the parliament cited by President Yoon fall under this category.

Constitutional scholars largely agree that "it cannot be seen as meeting the requirements for a state of emergency equivalent to war or rebellion," and both the Korean Bar Association and Lawyers for a Democratic Society pointed out that it is 'clear' that the conditions for declaring martial law are not met.

The restriction of basic rights of the people, such as freedom of the press and publication, during the declaration of martial law has also been presented as a reason for impeachment, but the extent of the 'seriousness of the illegality' is expected to be a contentious issue.

[Jang Young-soo/Professor at Korea University Law School: "As for freedom of the press and publication, I understand that it was not actually implemented. It may be difficult to view it as a serious illegality that would warrant the president's removal."]

The impeachment motion also includes the assertion that President Yoon's declaration of martial law constitutes a crime of insurrection under criminal law.

The attempt to incapacitate the National Assembly, a constitutional institution, by deploying military forces is described as an insurrection that incited a riot to disrupt the constitution.

[Kim Young-hoon/President of the Korean Bar Association: "Regarding the act of breaking windows and intruding with firearms, we cannot completely deny the possibility of establishing a crime of insurrection, so the necessity for investigation seems inevitable."]

Lawyers for a Democratic Society and others have filed a constitutional complaint with the Constitutional Court, requesting confirmation that this state of emergency and proclamation are 'unconstitutional.'

KBS News, Kim Beom-joo.