"Ceremony is a high-level act of governance"...What's the judiciary's judgment?

[Anchor]
In a public statement, President Yoon Suk Yeol said "martial" is a highly governmental act and is not subject to judicial judgment.The judiciary's judgment on

's martial law' can be found in the rulings of former Presidents Chun Doo-hwan and Roh Tae-woo, what kind of judgment did the court make at the time?

Reporter Shin Ji-won reports.

[Reporter]

[Yoon Suk Yeol / President: The exercise of the president's right to declare emergency martial law is an act of governance that is not subject to judicial review, such as the exercise of amnesty and diplomatic power]The judiciary's judgment on the

'emergency martial law' appears in the 1997 all-in-one decision on former Presidents Chun Doo-hwan and Roh Tae-woo's rebellion.

The Supreme Court defined the president's declaration of emergency martial law as "an act with a high degree of political and military character" and said the judiciary does not have the power to judge whether it is justified.

However, practical judgments appear in the next section.Even if it is an act of high governance

, the judiciary can examine whether it is a criminal act if the declaration of emergency martial law is made to achieve the purpose of the national constitution.

In the end, the Supreme Court recognized the suppression of force against the May 18 Gwangju Democratization Movement as a 'civil war' and

The lower court sentenced former President Chun Doo-hwan to life imprisonment and former President Roh Tae-woo to 17 years in prison.

Emergency martial law may be declared for the maintenance of public order only for national emergencies such as wartime and incident,
If there is room for crimes such as
insurrection, 'high-level acts of governance' can also be brought to justice.As President Yoon

stated in his public statement, even if he declared martial law to warn the opposition party of budget cuts, impeachment, and fraudulent elections, it is widely considered a problem in itself.

[Seo Jeong-bin / Attorney: The National Assembly has reduced the budget bill or has overstepped the impeachment motion, which is actually within the framework of the Constitution. Rather, this emergency martial law does not meet constitutional and legal requirements....]

Amid circumstantial evidence that the president himself gave specific instructions to the military and police at the time of the emergency martial law,
The judiciary is expected to have mixed judgments on whether emergency martial law will be a "high-level act of governance" or a "criminal act" depending on whether the
"insurrection crime" is established.

I'm Shin Jiwon of YTN.

Reporter for filming
: Lee Soo-yeon
Video editing for
: Lee Ju-yeon

Design: Lee Na-eun