Investigation Request for 110 Cases of Unconstitutional Orders by Senior Officials
An investigative report reveals attempts by government functions to implement unconstitutional orders during the 12.3 emergency martial law crisis, leading to requests for actions against 110 officials.
On December 12th, the findings from the 'Constitutional Respect Government Innovation Task Force' indicated that the emergency martial law imposed on December 3, which mobilized all governmental functions along with military and police forces, constituted an act of 'internal insurrection from above'. Launched in November 2022, the Task Force aims to identify and penalize accomplices within the government for their roles during this unconstitutional declaration of martial law. Following a thorough two-month investigation, the Task Force reported that they are currently taking necessary follow-up actions that include recommendations for disciplinary measures, warnings, and criminal investigation requests against several officials.
During the briefing held at the government complex in Seoul, Yoon Chang-ryeol, the head of the Office for Government Coordination, emphasized that the illegal martial law had a detailed operational plan that aimed to comprehensively mobilize all government functions. He pointed out the existence of a tangible risk of undermining the constitution, as directives from the top echelon of power trickled down to military, police, and other relevant agencies, which could lead to significant constitutional violations. Yoon further noted that instructions correlating with the emergency martial law were issued across various administrative agencies right after the declaration, and attempts to maintain the martial law were made even after the National Assembly's resolution to lift it.
The Task Force confirmed that during the time of the martial law, the executive branch failed to fulfill its constitutional and legal duties adequately. It was noted that unconstitutional orders were communicated across various central administrative agencies and were not adequately filtered out by the system. Furthermore, it was found that high-ranking officials either complied with or remained passive in the face of these directives. In response to these findings, the government has initiated disciplinary requests against 89 senior officials, issued 82 warnings, and referred 110 instances for criminal investigation, highlighting the ongoing accountability measures related to the misuse of power during this crises.