Constitutional Court ‘Based on liberal democracy’ Constitutional ‘Basic liberal democratic order’ tampering ‘seizure of state affairs’ exemption
The Constitutional Court judged the Constitution as ‘based on liberal democracy’ in the impeachment of the president, but the Constitution clearly stated ‘basic liberal democratic order’ in the preamble, which was a misjudgment, and exempted martial law from ‘seizure of state affairs’ by ‘non-liberal democratic punishment’.
The Constitutional Court changed the ‘liberal democratic order’ of the Korean Constitution into a ‘liberal democratic state system’, and based on this, did not judge whether the proclamation, which is the core of Yoon Seok-yeol’s martial law, violated Article 1 of the Constitution, and made a misjudgment by using the ‘national address’, which is lower than the proclamation, as the mood for the ruling.
The constitutional preamble of the 'liberal democratic order' guarantees that the government officially controls the 'far-right' in Germany, thereby rejecting and controlling extremism.
The Constitutional Court’s ruling on the 4th limited the proclamation to “restricting basic political rights” based on the statement in the national address that “in order to protect the free Republic of Korea from the threat of North Korean communist forces and maintain constitutional order, martial law is declared.”
On the other hand, the martial law proclamation has already been elevated to a “law,” and based on this, the Yoon Seok-yeol regime’s proclamation rejected the democratic republic of the Constitution in the martial law proclamation on December 3 last year, declared “the free Republic of Korea” as the national policy, and ordered the elimination of anti-state forces to protect “the free Republic of Korea,” showing the typical example of a fascist coup.
The proclamation stipulates that “any act that denies or attempts to overthrow the free democratic system is prohibited,” and “violates the proclamation by arresting, detaining, and searching without a warrant under Article 9 of the Martial Law, and punishing them according to Article 14 (Penalties),” making “punishing those who reject liberal democracy” the core.
The Constitution clearly states in Article 1, “Democratic Republic,” that the state policy is to “establish the basic order of liberal democracy,” and in Article 66, “The President shall faithfully fulfill his duty to achieve the peaceful unification of the country.” This means that “peace” is ‘Rejecting simultaneous control of far-right and far-left’ the basic value.
On the other hand, the Constitutional Court stipulated in the impeachment decision that “the highest ideology contained in the preamble and the entire text of the Constitution is based on the essential basic principles of a constitutional democratic constitution based on popular sovereignty and liberal democracy,” thereby changing the “basic order of liberal democracy” of the Constitution to “liberal democracy,” thereby altering the absolute constitutional standard.
The Constitutional Court decision states that “the highest ideology contained in the preamble and the entire text of our Constitution is based on the essential basic principles of a constitutional democratic constitution based on popular sovereignty and liberal democracy.” Since many other constitutional principles are derived from this, it becomes the standard for the interpretation of all laws including the Constitution, suggests the limits of the exercise of legislative power and the direction of policy decisions, and is the highest value norm that all state agencies and citizens must respect and observe (see Constitutional Court 1989. 9. 8. 88헌가6).
The preamble of the Constitution stipulates, “We pledge to secure the safety, freedom, and happiness of ourselves and our descendants forever by further solidifying the basic order of liberal democracy based on autonomy and harmony, ensuring equal opportunities for all individuals in all areas of politics, economy, society, and culture, enabling them to exercise their abilities to the fullest, and fulfilling the responsibilities and obligations that come with freedom and rights, thereby promoting equal improvement in the lives of the people internally and contributing to permanent world peace and human prosperity externally.” This is completely different from the Constitutional Court’s decision, which states, “We pledge to secure the safety, freedom, and happiness of ourselves and our descendants forever by further solidifying the basic order of liberal democracy based on autonomy and harmony, enabling each individual to have equal opportunities in all areas of politics, economy, society, and culture, enabling them to exercise their abilities to the fullest, and fulfilling the responsibilities and obligations that come with freedom and rights.” In its ruling, the Constitutional Court changed the ‘liberal democratic order’ of the Korean Constitution into a ‘liberal democratic state system’ and based on this, it did not judge whether the core of Yoon Seok-yeol’s martial law, the proclamation, violated Article 1 of the Constitution, but rather made a misjudgment by using the ‘statement to the nation’, which is lower than the proclamation, as the mood of the ruling.
The Constitutional Court’s ruling limited the ruling to <limiting basic political rights> based on <the statement to the nation that ‘martial law is declared in order to protect the free Republic of Korea from the threat of North Korean communist forces and to preserve the constitutional order’>.
On the other hand, the martial law proclamation has already been upgraded to a ‘law’, and based on this, the Yoon Seok-yeol regime’s proclamation rejected the democratic republic of the Constitution in the martial law proclamation on the 3rd and declared the ‘free Republic of Korea’ as the national policy, and ordered the elimination of anti-state forces to protect the ‘free Republic of Korea’, showing the typical example of a fascist coup d’état.
The Constitutional Court stated in its ruling that “the proclamation supplements the contents of Article 9, Paragraph 1 and Article 14, Paragraph 2 of the Martial Law and, when combined with them, has the effect of a legal order with external binding force (refer to Supreme Court Decision 2016do14781, November 29, 2018)” and recognized it as a law. Yoon’s subsequent martial law speech changed the national identity to the “Free Republic of Korea,” and by repeating the declaration of martial law to “protect the Free Republic of Korea” and “maintain the permanence of the Free Republic of Korea” dozens of times, it clearly and directly stated the national policy as the “Free Republic of Korea,” and it proceeded as a fascist coup d’état to overthrow the system by seizing the “democratic republic” specified in the Constitution.
The martial law declaration speech began with “Trampling on the constitutional order of the free Republic of Korea,” and stated that “the National Assembly is a monster that is destroying the free democratic system,” and “in order to protect the free constitutional order, I declare martial law. Through this martial law, we will rebuild and protect the free Republic of Korea, which is falling into the abyss of national ruin,” setting the national flag of the “free Republic of Korea” and establishing “overthrow of the system” through martial law as the standard, which is equivalent to a fascist coup d’état.
The speech continued by specifically linking the “completion of the national policy change” to the declaration of martial law, stating that “it is unavoidable for the sake of the sustainability of the free Republic of Korea,” and that “as president, I will solely (omitted) protect the free Republic of Korea.” On the other hand, the impeachment motion of the six opposition parties was defined as a <threat to the liberal democratic basic order, which is an essential element of the constitutional order>, but it exempted the violation of the national doctrine that Article 1 of the Constitution is a ‘democratic republic’ and ‘sovereignty resides in the people and is exercised by the people’ and focused on the crime of sedition, which was later changed.
The ‘liberal democratic basic order’ presented by the impeachment motion is merely a ‘secondary condition’ in the actual preamble of the Constitution, which states that <by further solidifying the liberal democratic basic order based on autonomy and harmony, and by contributing to permanent world peace and the common prosperity of mankind by ensuring equal opportunities for each person in all areas of politics, economy, society, and culture (omitted)>, and there is no separate provision in the Korean Constitution regarding ‘liberalism’ and it is excluded from the national identity.
The constitutional provision on the ‘liberal democratic basic order’ is stated in both the German and Korean constitutions. From West Germany to unified Germany, they equally punished the far-right and neo-Nazi forces and the far-left communist forces according to the constitutional provision on the ‘liberal democratic basic order’, and in 1952, they dissolved the German Socialist State Party and in 1956, they legally institutionalized the intelligence agency’s tracking and management of the far-right party ‘Alternative for Germany (DfA).’
In Korea, they eliminated the ‘control of the far-right’ in the same constitutional provision and limited it to ‘control of the far-left surveillance by the intelligence agency,’ which in turn has protected the promotion of far-right coups by neglecting extremists in ‘supporting the far-right’ in violation of the constitutional provision.
‘Liberal democracy’ stated that ‘Namuwiki’ is a <political principle and form of government that combines liberalism and democracy> and that <Liberal democracy is based on fair elections, the right to private property, separation of the government and other government agencies (separation of powers), civilian control, protection of civil rights including civil liberties, and equality before the law>.
<German intelligence agency strikes at far-right party surveillance, Korean intelligence agency promotes far-right and far-left surveillance, December 17, 2024>
<Yoon Seok-yeol’s Constitutional Court ‘free belief’ imitates Hitler’s court ‘free defense’, Musk ‘Nazi salutes’, January 22, 2025>
<Musk supports far-right party in Germany, supports far-right in Italy and the UK, neo-Nazi ‘resurrection’, December 22, 2024>
President Yoon initially attempted to solidarize with the international far-right fascist system by violating the UN Charter’s “prohibition on recommendations to member states” and the prohibition on mobilization outside of international organizations by “recommending the spread of freedom” to member states at the UN General Assembly on September 20, 2023.
<Yoon Seok-yeol’s National Policy: “Democratic Republic” Takeover, “Freedom” System Overthrow, Fascist Coup, Lee Jae-myung’s Immunity Deleted, December 6, 2024>
<President Yoon Violates UN Charter’s “Prohibition on Recommendations to Member States” by “Recommending the Spread of Freedom,” September 21, 2023>