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South Korea ex-minister's lawyers defend martial law as Yoon faces impeachment trial

Lawyers argue martial law was necessary to eradicate anti-state elements threatening democracy, was lifted without casualties

South Korea ex-minister's lawyers defend martial law as Yoon faces impeachment trial

South Korea's Defense Minister Kim Yong-hyun looks on as he meets with U.S. Defense Secretary Lloyd Austin (not pictured) during the U.S.-ROK Security Consultative Meeting at the Pentagon in Washington, U.S., October 30, 2024.

File/Reuters

The lawyers for a former South Korean defence minister under investigation on insurrection charges said on Thursday a short-lived martial law decree imposed earlier this month was to raise alarm on opposition parties' abuse of the democratic process.

Ex-Defence Minister Kim Yong-hyun was the first of a series of officials to be arrested and is likely to be the first to face indictment on accusation of being a central figure in President Yoon Suk Yeol's surprise martial law declaration on Dec. 3.

In a press conference on Thursday, two lawyers for Kim echoed much of the argument made by Yoon after the declaration that he lifted barely six hours later, saying it was a decision necessary to eradicate anti-state elements that were threatening the country's democracy.

"The martial law was to raise alarm, and what's very clear is that there were no casualties and troops were withdrawn in an orderly manner after it was lifted," lawyer Yoo Seung-soo told reporters.

Yoo also said Yoon overruled Kim's attempt to impose a curfew as part of the martial law, which was proof that the president did not intend any harm for the public.

Rhee Ha-sang, the other lawyer, said the accusations of insurrection against Kim and Yoon were "ludicrous" and ignored the president's constitutional power to impose martial law when deemed necessary.

Kim, who attempted suicide while in detention on Dec. 11, has previously said he took full responsibility for the concern caused by the martial law decree, but argued the investigation against him and the president was illegal.

It vowed to retaliate.

Yoon was impeached by parliament on Dec. 14 in a vote joined by some members of his ruling People Power Party and now faces a Constitutional Court trial that will determine whether to restore or remove him from office.

On Wednesday, he did not respond to the latest summons for questioning in a separate criminal investigation and has not submitted legal briefs requested by the Constitutional Court, which is set to hold the first hearing on Friday.

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