◆ This is a contribution by Kim Jae-cheon, director of the Korean Peninsula Research Institute

1. Presidential Declaration of Martial Law and Constitutional Authority

The President's declaration of martial law is an exclusive authority guaranteed by the Constitution. Such a declaration of martial law is an emergency measure aimed at maintaining national stability and order, carried out as a high-level political act in accordance with constitutional procedures. Therefore, it is legally clear that this declaration of martial law is not subject to judicial review.

2. Political Debate and Spread of False Information

Recently, some political forces and individuals have been attempting to label this as "rebellion," distorting the facts and inciting the public. Lee Jae-myung and the Democratic Party are spreading false information, framing the President's declaration of martial law as rebellion. This is not only a claim without legal basis, but also a serious challenge to the liberal democratic system. The Democratic Party is trying to exploit the declaration of martial law as a political tool, disregarding its constitutionality and legality.

3. Representative Lee Jae-myung’s criticism of our National Security System

Representative Lee Jae-myung has consistently made remarks undermining the founding of the Republic of Korea, its security system, and alliance relationships, damaging the values of the free world. For example, Representative Lee Jae-myung has described the founding of the Republic of Korea as a collaboration between pro-Japanese forces and the U.S. military, opposing South Korea-U.S.-Japan military cooperation and the deployment of THAAD. Such attitudes contribute to a negative image to the free world and weaken trust in South Korea's security system.

4. Remarks on Kim Il-sung's Faction

On January 29, 2024, Representative Lee Jae-myung made a statement at the Democratic Party’s Supreme Council meeting, saying, "We must ensure that the efforts of our North Korea's Kim Jong-il and Kim Il-sung are not undermined."

This can be interpreted as praising the Kim Il-sung faction, which initiated the 1950 Korean War and spearheaded the development of nuclear and missile threats against South Korea, making it a dangerous remark that directly denies South Korea’s identity.

5. Political Strategy of the Democratic Party

The Democratic Party has attempted to neutralize the budgets and structures of national institutions and attempted to label the President's declaration of martial law to prevent this as "rebellion" 

Actions that cut key budgets and disrupt the operation of the government weaken the functions of key national institutions and lead to breakdown of the Constitution. 

6. Legal Nature of Treason and The President’s Legal Responsibility for Treason

Legally, the crime of treason requires two elements: "undermining the constitutional order” and “rebellion.” However, the President's declaration of martial law did not undermine the powers of the National Assembly, as evidenced by the passage of a resolution demanding the lifting of martial law in the Assembly. Therefore, the president’s crime of sedition is not established.  On the other hand, the Democratic Party has shown behavior that undermines the stability of the government by attempting impeachment through large-scale protests, budget cuts, and paralysis of the executive and judicial branches.

7. Political judgment on the sedition

Politically, the crime of treason by the President cannot be established. It is logically impossible to claim that the President, as the commander-in-chief of the armed forces guaranteed by the Constitution, would usurp state power. Rather, the attitude of Lee Jae-myung and the Democratic Party, which deny the free world and undermine South Korea's identity and security, is a far greater problem.

8. Lee Jae-myung’ judicial risk and political conspiracy

Representative Lee Jae-myung is using the National Assembly to create a political crisis by abusing impeachment and special investigations, aiming to avoid his legal punishment and push for an early presidential election. This undermines the constitutional principle of guaranteeing the President’s tenure and, as a result, shakes the foundation of the liberal democratic system.

9. Finally, thorough investigations are needed into certain pro-North Korea forces lurking within the courts and investigative agencies. In addition, prompt and fair judicial decisions must be made regarding major criminal cases involving Representative Lee Jae-myung. Through this, the rule of law and liberal democracy in South Korea must be protected.

10. The majority of the people of the Republic of Korea are armed with freedom and the Cristian spirit. Therefore, South Korea will no become a victim of the totalitarian states of North Korea and China, President Yoon will soon return to the position, and Lee Jae-myung will go to prison.

 ※ It may differ from the views of the HANSUN foundation.