South Korea revises Martial Law Act to stop another December 3rd insurrection, the revision passes National Assembly with 255 in favor and 4 abstentions out of 259

On July 3, South Korea’s National Assembly passed a revision to the Martial Law Act that prohibits military and police forces from entering the National Assembly grounds during a state of emergency martial law without the consent of the Speaker of the National Assembly.

The bill was passed in a plenary session that afternoon, with 255 votes in favor, none against, and 4 abstentions out of 259 lawmakers present.

Key provisions of the revised law include the requirement that minutes of the Cabinet meeting must be drafted “immediately” when deliberating martial law prior to its declaration. These meeting minutes must also be submitted to the National Assembly when notifying it of the martial law declaration.

Former President Yoon Suk-yeol had argued that the December 3 emergency martial law declaration was procedurally valid because it went through a Cabinet meeting. However, the Constitutional Court, in its impeachment ruling, stated that only five minutes elapsed before the declaration, and there were no formal agenda submissions or Cabinet meeting minutes, contradicting Yoon’s claim.

The revised bill also allows members of the National Assembly who have been arrested or detained in flagrante delicto (caught in the act) to attend a plenary session to vote on the termination of martial law.

Additionally, the bill explicitly prohibits military and police personnel from entering the National Assembly even after martial law has been declared, unless approved by the Speaker. Violators will face up to three years in prison or a fine of up to 10 million KRW.

Furthermore, if the military or police obstruct lawmakers from entering the National Assembly or disrupt parliamentary proceedings, they can be punished with up to five years in prison.