Martial Law Justified? Lawyers for South Korea’s Former Minister Speak Out

President Yoon was impeached by South Korea’s parliament on December 14, with members of his ruling People Power Party joining the vote.

Seoul: Lawyers representing former South Korean Defense Minister Kim Yong-hyun defended a short-lived martial law decree imposed earlier this month, arguing it aimed to highlight the abuse of democratic processes by opposition parties. The decree, enacted on December 3 by President Yoon Suk Yeol, was revoked after just six hours, yet it has sparked widespread controversy and legal repercussions.

Kim, the first official arrested in connection with the martial law, faces charges of insurrection and is accused of playing a central role in its declaration. At a press conference on Thursday, Kim’s lawyers reiterated the stance taken by President Yoon, asserting that the decree was necessary to address “anti-state elements” threatening South Korea’s democracy.

“The martial law was to raise alarm, and what’s very clear is that there were no casualties, and troops were withdrawn in an orderly manner after it was lifted,” said Yoo Seung-soo, one of Kim’s attorneys. Yoo also noted that President Yoon had overruled Kim’s recommendation to impose a curfew, indicating there was no intent to harm the public.

Another defense lawyer, Rhee Ha-sang, dismissed the insurrection charges against Kim and Yoon as “ludicrous,” arguing that the president’s constitutional authority to impose martial law was being overlooked.

Kim, who attempted suicide in detention on December 11, has taken responsibility for the public unrest caused by the decree but insists the investigation targeting him and President Yoon is unlawful.

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Yoon Faces Impeachment and Legal Challenges

President Yoon was impeached by South Korea’s parliament on December 14, with members of his ruling People Power Party joining the vote. His impeachment has set the stage for a Constitutional Court trial to determine whether he will remain in office.

Compounding Yoon’s troubles, he has ignored summons for questioning in a separate criminal probe and failed to provide legal briefs requested by the Constitutional Court. The first hearing of his impeachment trial is scheduled for Friday.

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Opposition leaders have condemned Yoon’s defiance of legal processes, with some calling for his arrest.

The controversy surrounding the martial law decree and Yoon’s impeachment has deepened divisions within South Korea, raising questions about the balance between national security measures and democratic principles.

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