Review of the unconstitutionality and illegality of the December 3 emergency martial law as a national emergency right

In December 2024, the President of the Republic of Korea declared an emergency martial law, and its effect was suspended after 3 hours in response to the National Assembly's request for the lifting of martial law. The December 3 emergency martial law was declared by the President of Yoon Suk Yeol as a national emergency, and the National Assembly immediately resolved the request for the lifting of martial law with a completely different perception. Recognition of the national emergency is a subjective requirement for the invocation of the national emergency right, and it is natural to assume that the constitutional court is responsible for determining the suitability of this subjectivity. Despite the risk that the Constitution can self-stop or deny its effectiveness, what the Constitution stipulates in order to prevent abuse of the national emergency right, the grounds, exercise requirements, and limitations of the national emergency right. It stipulates in advance what situation is an emergency, what part of the constitution's action can be temporarily suspended, and the control or limitations of the national emergency right. The December 3 emergency decree reveals the unconstitutional contents of its proclamation and the part that interfered with the function of the National Assembly by troops entering the National Assembly, so it would be difficult to see this as a normal exercise of the national emergency right. The right of national emergency that is not based on the Constitution or exceeds the constitutional provisions should be viewed as a so-called 'pro-wikuteta' as an act of destruction of the constitution. The constitutional order should be operated in the direction of strengthening limits and control in the exercise of the national emergency right. If the governance act is used to make the emergency powers' checks inadequate, the distorted constitutional order will inevitably lead to the exercise of the right to resist, whether it is a normative standard or a political decision.