내란 목적 비상계엄과 대통령 탄핵

The Martial Law (the state of emergency) declared by the President on December 3, 2024, was lifted at the request of the National Assembly but still constitutes grounds for impeachment as it violates the Constitution and laws. Procedural requirements mandated by the Constitution and laws, such as deliberation by the Cabinet, countersignatures by the Prime Minister and Cabinet members, and notification to the National Assembly, were omitted. Furthermore, substantive requirements under the Constitution and laws, such as a state of war, an armed rebellion, or an equivalent national emergency, were absent. Moreover, the special measures (proclamations) under the state of emergency directly violated the Constitution by including provisions that prohibited the activities of the National Assembly, despite the Constitution only allowing special measures regarding the powers of the government or judiciary. Additionally, these special measures infringed upon fundamental rights, including the freedom of political parties, freedom of political expression, freedom of the press, the three labor rights, and the prohibition of forced labor. Concrete actions taken to enforce the special measures, such as the blockade of the National Assembly and its forced entry, were carried out to obstruct the Assembly’s ability to demand the lifting of the state of emergency. These actions were directly ordered by the President, further constituting grounds for impeachment. In conclusion, all acts related to the December 3 emergency declaration constitute serious legal violations that betray the trust of the people, necessitating the removal of the President from office.