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johnfernow | 1 year ago

BBC reports "The South Korean military says it will maintain martial law until it is lifted by President Yoon Suk Yeol, despite the nation's parliament voting to block its enforcement, according to the country's national broadcaster." [1]

They previously wrote that "The National Assembly speaker has just said that South Korean troops are leaving the parliament building, the Yonhap news agency reports."

So I'm not sure if the military isn't unified in what to do, or if certain troops are just not enforcing the President's near certainly unconstitutional order. The Constitution gives the President many powers under martial law ("Under extraordinary martial law, special measures may be taken with respect to the necessity for warrants, freedom of speech, the press, assembly and association, or the powers of the Executive and the Judiciary as prescribed by law"), but it appears to give the President no powers over the National Assembly, so the "All political activities, including the activities of the National Assembly... are prohibited" part of his martial law declaration appears to be blatantly unconstitutional.

According to the constitution, "When the National Assembly requests the lifting of martial law with the concurrent vote of a majority of the total members of the National Assembly, the President shall comply." [2]

Some are saying the constitution doesn't give a timeframe for when the President has to comply, but if he doesn't soon, it definitely appears to be a self-coup. [3]

1. https://www.bbc.com/news/live/cn38321180et

2. https://www.constituteproject.org/constitution/Republic_of_K...

3. https://en.wikipedia.org/wiki/Self-coup

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