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Politics
06 February 2025

Prime Minister Han Faces Scrutiny Over Martial Law Claims

Recent hearings reveal concerns about the legality of the emergency measures and the role of the Constitutional Court.

Prime Minister Han Duck-soo faced intense scrutiny during a recent special committee hearing at the National Assembly, where he addressed allegations stemming from last December's controversial declaration of emergency martial law.

The hearing, held on February 6, 2025, was part of the wider investigation led by the National Assembly's committee examining potential internal insurrection allegations against the Yoon Seok-yeol government. Witnessing the interrogation, Han articulated his recollections of the National Security Council meetings held prior to the martial law announcement, particularly countering claims made by former Defense Minister Kim Yong-hyun, who suggested some council members had approved the emergency measures.

“Not one of us supported the declaration,” Han asserted, responding to inquiries from opposition party members about the legitimacy of the council meetings. “Everyone present had reservations and raised concerns to the President,” he added, referring to the discussions leading up to the martial law declaration.

Han's remarks hinted at the significant tension surrounding the martial law's justification, underpinning his statement with the assertion, “There were numerous procedural and substantive flaws, making it hard to view the meeting as legitimate.” His statements raised alarms over the potential for national discord should the Constitutional Court fail to deliver judgments perceived as just and reasonable.

Officials have seen the impending court decision as pivotal, which Han underscored when he expressed apprehension over possible schisms within the public. “I truly worry about significant national division if the ruling does not resonate with the citizens,” the suspended Prime Minister stated, highlighting the potentially explosive ramifications of the court's conclusions.

Eluding direct legal commentary, Han emphasized the significance of the court's rulings. “The Constitutional Court’s verdict must align with both procedural integrity and, fundamentally, public reasonableness,” he remarked. This is particularly relevant now as Han, having been suspended post-impeachment, looks to regain his position. He noted the links between this case and the broader constitutional principles concerning checks and balances, particularly who possesses the power to appoint court justices.

Further discussions during the hearing probed the legitimacy of Han’s refusal to appoint new court justices when acting as President. He posed questions about the rationale behind presidential appointments and stressed the importance of democratic legitimacy amid heavy criticism.

“Why does our Constitution state the President appoints the Constitutional Court Justices? It’s about safeguarding democratic values. Not one procedure within the legislative process can afford to be bypassed,” Han urged, making it clear he felt justified by the circumstances surrounding his decisions.

Alongside Han, Deputy Prime Minister Choi Sang-mok also spoke out, supporting Han's perspective on the matter. “I too do not regard what transpired as fitting the description of a proper National Security Council meeting,” Choi echoed, reinforcing the shared sentiment among current and former officials about the events surrounding the martial law.

The developments within the Constitutional Court and National Assembly have set the stage for unprecedented political tension. They reflect the deepening fracture within South Korea's political environment and raise the stakes for stakeholders across the spectrum. With both Han and Choi vocal against claims of legitimacy for the meetings leading to martial law, the upcoming proceedings will be closely monitored both domestically and internationally.

The inquiry highlights the rising pressures faced by South Korean leaders as they confront challenges to their governance, significantly when views clash sharply among influential governmental bodies.

With numerous pivotal hearings taking place and public opinion seeming to sway constantly, South Korea stands at the precipice of one of its most politically charged periods. The outcome of the Constitutional Court's ruling could very well define the future for leaders like Han Duck-soo and the stability of the current government.