"Even After Objections That the Martial Law Proclamation Was Unconstitutional and Illegal" Park Sung-jae Remains Silent

(Newsis) In the trial of former Justice Minister Park Sung-jae, who has been indicted for taking part in former President Yoon Suk Yeol’s December 3 emergency martial law, testimony emerged that Park showed virtually no reaction even after being advised that the martial law proclamation was unconstitutional and illegal. The report was carried by Financial News. Criminal Division 33 of the Seoul Central District Court, presided over by Judge Lee Jin-gwan, held the third hearing on the 23rd in the case where Park is charged with performing important duties in connection with an insurrection.
Seung Jae-hyun, Director-General of the Human Rights Bureau at the Ministry of Justice, appeared as a witness at the hearing. Seung attended the emergency senior officials’ meeting at the Ministry of Justice that was convened after the December 3 emergency martial law was declared. He testified that during the meeting he pointed out, "The first article of the proclamation, which bans political activities in the National Assembly, clearly raises constitutional and legal issues in light of Article 77(5) of the Constitution, which allows the National Assembly to lift martial law by a majority vote of its members.
" Seung said he recommended that the ministry conduct its own legal review, but Park ended the meeting without any particular response. He also recalled, "At the meeting, former Minister Park first asked whether there were any laws or manuals that should serve as our standard at this point, and remarked that a Joint Investigation Headquarters could be established, so we should prepare in advance and think about what to do if a request comes in.
" According to Seung, Park further instructed officials to "review what tasks the Criminal Affairs Bureau should handle if the Joint Investigation Headquarters makes a request" and to examine "issues related to immigration control and correctional administration. " However, Seung added, "If former Minister Park had intended to support the martial law, he would have been furious, but there was nothing like that until the end.
" In the afternoon session, the court examined Bae Sang-eop, former head of the Korea Immigration Service at the Ministry of Justice, as a witness. After the emergency martial law was declared on December 3, 2024, Park is accused of convening senior officials at the Ministry of Justice and ordering them to secure space in correctional facilities, consider dispatching prosecutors to a Joint Investigation Headquarters, and place the Exit Ban Team on emergency standby, thereby participating in former President Yoon’s alleged insurrection.
He also faces allegations that, after receiving a request from First Lady Kim Keon Hee, he disposed of a related case with a decision of no charges. Park’s legal team denies the accusations, stating, "The defendant, as a member of the State Council at the time of former President Yoon’s emergency martial law, actively opposed and tried to dissuade the emergency martial law measures.
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theknight@fnnews.com Jung Kyung-soo Reporter