Points of legal dispute between Yoon vs. National Assembly

입력 2024.12.15 (03:04)

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[Anchor]

Now, we will look into the legal issues that President Yoon and the National Assembly will dispute in the impeachment trial.

Reporter Lee Ho-joon has the details.

[Report]

President Yoon Suk Yeol claims that the declaration of emergency martial law was an 'act of governance'.

In other words, he argues that since it is a 'highly political act performed by a state agency', the emergency martial law he declared should not be subject to judicial review.

[President Yoon Suk Yeol/Dec. 12: "The president exercising the right to declare martial law is within the realm of executive authority, which is not subject to judicial review, as when exercising the right to pardon or to conduct foreign affairs."]

President Yoon is expected to emphasize this point and argue that the Constitutional Court should dismiss the impeachment trial without hearing his case.

On the other hand, the National Assembly, which passed the impeachment motion, is likely to highlight that the declaration of emergency martial law is unconstitutional and illegal.

They will argue that mobilizing the military and police against constitutional institutions like the National Assembly and the Election Commission constitutes a crime of insurrection.

They are expected to stress the seriousness of the violations of the constitution and laws, claiming that the president's removal is urgent.

[Park Chan-dae/Democratic Party Floor Leader: "Yoon Suk Yeol is the leader of this insurrection. If he is not immediately suspended from his duties, we cannot predict what reckless actions he might take next."]

Regarding the deployment of military forces to the National Assembly, both sides are expected to have significant disagreements.

President Yoon's side will likely emphasize that the intention was merely to warn the larger opposition party, that the military's stay in the National Assembly was brief, and that the National Assembly continued to operate normally by passing a motion to lift the martial law.

In contrast, the National Assembly is expected to counter by citing statements and circumstances that are emerging through investigations, indicating that "the president ordered the arrest of politicians and attempted to make National Assembly activities impossible."

This is KBS News, Lee Ho-joon.

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  • Points of legal dispute between Yoon vs. National Assembly
    • 입력 2024-12-15 03:04:10
    News 9
[Anchor]

Now, we will look into the legal issues that President Yoon and the National Assembly will dispute in the impeachment trial.

Reporter Lee Ho-joon has the details.

[Report]

President Yoon Suk Yeol claims that the declaration of emergency martial law was an 'act of governance'.

In other words, he argues that since it is a 'highly political act performed by a state agency', the emergency martial law he declared should not be subject to judicial review.

[President Yoon Suk Yeol/Dec. 12: "The president exercising the right to declare martial law is within the realm of executive authority, which is not subject to judicial review, as when exercising the right to pardon or to conduct foreign affairs."]

President Yoon is expected to emphasize this point and argue that the Constitutional Court should dismiss the impeachment trial without hearing his case.

On the other hand, the National Assembly, which passed the impeachment motion, is likely to highlight that the declaration of emergency martial law is unconstitutional and illegal.

They will argue that mobilizing the military and police against constitutional institutions like the National Assembly and the Election Commission constitutes a crime of insurrection.

They are expected to stress the seriousness of the violations of the constitution and laws, claiming that the president's removal is urgent.

[Park Chan-dae/Democratic Party Floor Leader: "Yoon Suk Yeol is the leader of this insurrection. If he is not immediately suspended from his duties, we cannot predict what reckless actions he might take next."]

Regarding the deployment of military forces to the National Assembly, both sides are expected to have significant disagreements.

President Yoon's side will likely emphasize that the intention was merely to warn the larger opposition party, that the military's stay in the National Assembly was brief, and that the National Assembly continued to operate normally by passing a motion to lift the martial law.

In contrast, the National Assembly is expected to counter by citing statements and circumstances that are emerging through investigations, indicating that "the president ordered the arrest of politicians and attempted to make National Assembly activities impossible."

This is KBS News, Lee Ho-joon.

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