Investigation Reveals Procedural Flaws in Emergency Martial Law Declaration

December 22, 2024
Investigation Reveals Procedural Flaws in Emergency Martial Law Declaration

The Special Investigation Unit of the National Police Agency has concluded that there were procedural and substantive flaws in the Cabinet meeting held on December 3, prior to President Yoon Suk-yeol's declaration of emergency martial law. This marks the first assessment by investigative authorities regarding the legitimacy of the Cabinet meeting that deliberated on the martial law. According to reports, police have interrogated 10 out of the 12 attendees of the Cabinet meeting, excluding President Yoon and former Defense Minister Kim Yong-hyun, who is currently detained. The findings indicate that there was no official record of the meeting, nor any documentation confirming that deliberations took place. Prime Minister Han Duck-soo previously stated in the National Assembly that the meeting had numerous procedural and substantive defects and confirmed that he did not sign the martial law declaration document. Additionally, police are analyzing President Yoon's phone records, which were obtained through a court-issued communication warrant. They have also secured a directive document issued by President Yoon to Deputy Prime Minister Choi Sang-mok, which reportedly instructed to cut off operational funds for the National Assembly and prepare a budget for the operation of the legislative body under martial law. Separately, the Special Prosecutor's Office is investigating whether National Intelligence Service Director Cho Tae-yong received orders from President Yoon regarding the arrest of politicians, despite Cho previously denying such claims. Although not a Cabinet member, Cho attended the Cabinet meeting before the martial law declaration. The prosecution is also questioning other attendees, including Prime Minister Han and Ministers Park Sang-woo and Cho Kyu-hong. Former Defense Minister Kim Yong-hyun is expected to be indicted around December 27. Meanwhile, attorney Seok Dong-hyun, who is assisting President Yoon, announced plans to file a counter-complaint against Democratic Party leader Lee Jae-myung for false accusations related to insurrection propaganda.

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