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Court: Yoon Violated Representative Democracy, Separation of Powers

Written: 2025-04-04 15:06:09Updated: 2025-04-04 15:38:31

Court: Yoon Violated Representative Democracy, Separation of Powers

Photo : YONHAP News

The Constitutional Court says former President Yoon Suk Yeol violated the principles of representative democracy and the separation of powers by declaring martial law on December 3. 

The court’s acting President Moon Hyung-bae delivered the opinion Friday when explaining why the court upheld Yoon’s impeachment. 

Moon said that by prohibiting the activities of the National Assembly, local assemblies and political parties via the martial law decree, Yoon also violated a clause in the Constitution that grants the National Assembly the power to request the lifting of martial law. 

The justice added that Yoon infringed on the people’s basic political rights, the right to engage in collective action and the right to freedom of occupation by violating warrant requirements and clauses in the Constitution and the Martial Law Act that stipulate conditions for limiting basic rights. 

Yoon’s legal defense had claimed the martial law decree was intended to stop the anti-state activities of parliament and political parties, rather than normal activities.

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