Constitutional Court moves to review illegality of martial law declaration
Presiding judge appointed to review allegations that President Yoon Suk Yeol violated Constitution and related laws
By Yoon Min-sikPublished : Dec. 6, 2024 - 15:49
The acting chief justice of the Constitutional Court said Friday the court had designated a justice to review whether or not President Yoon Suk Yeol's declaration of martial law had been unconstitutional.
Justice Moon Hyung-bae told reporters that a constitutional complaint against Yoon's order on Tuesday night had been registered, and a judge had been named to preside over the case. The case is currently being reviewed.
Civic group Lawyers for a Democratic Society (Minbyun) filed the constitutional complaint Wednesday, saying the declaration by the president and the orders given by the martial law forces infringe upon the basic rights of the people including the rights of assembly, press, expression, freedom, and of basic dignity as a human being.
Minbyun said that Yoon's declaration of martial law did not meet the conditions stipulated by the Constitution or the Martial Law Act.
Yoon declared the state of martial law based on what he claimed were threats by "anti-state forces," accusing the opposition of "paralyzing the state's judiciary system" by passing repeated impeachments against officials, most recently top prosecutors and Choi Jae-hae, chair of the Board of Audit and Inspection.
Moon said the Constitutional Court has also designated the presiding judge for impeachment of the state auditor and the prosecutors.