Notification to the National Assembly when martial law is declared… Obligation to submit Cabinet meeting minutes
Kwon Hyang-yup: “Attempts to trample the National Assembly with military boots must not be repeated.”
Kwon Hyang-yup, a member of the National Assembly (pictured) from the Democratic Party in the Suncheon-Gwangyang-Gokseong-Gurye district, led the proposal of a partial amendment to the Martial Law Act, which was finally passed in the National Assembly’s plenary session. The amendment passed with 256 votes in favor, 3 abstentions, out of 259 attendees.
According to the National Assembly on the 4th, Kwon proposed the Martial Law Act amendment on December 19 last year. The Defense Committee passed the bill as an alternative proposal on June 25, and the Legislation and Judiciary Committee approved it on July 3.
The amendment passed in the plenary session the previous day aims to address unconstitutional and illegal procedural issues revealed in processes related to the declaration of emergency martial law by the president on December 3, 2024, and the National Assembly’s demand to lift martial law.
Key provisions include the obligation to notify the National Assembly and submit Cabinet meeting minutes upon martial law declaration, prohibition of entry to and obstruction of meetings of the National Assembly by military and police during martial law, and ensuring the attendance of arrested members of the National Assembly at the plenary session demanding the lifting of martial law.
The amendment also includes provisions to protect fundamental rights, such as deleting the clause restricting freedom of residence and movement not enumerated in the Constitution, and deleting the military court’s one-month trial delay right after the lifting of emergency martial law.
Kwon emphasized, “Martial law must be strictly controlled by the Constitution and the law,” and “Attempts to trample the National Assembly in South Korea must not be repeated.”
The law will take effect immediately upon promulgation.