A critical review of the interpretation of the requirements for the declaration of ‘state of emergency for martial law’ in the reasoning of the Constitutional Court of Korea’s impeachment judgment in 2025

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Critical analysis highlights constitutional crisis from martial law declaration in Korea, indicating potential for abuse.

The 2025 Constitutional Court decision on martial law reveals significant constitutional issues.
While the court concluded the martial law declaration was unconstitutional, interpretation of constitutional provisions raises concerns.
A critical review of Article 77 is necessary to prevent potential abuses of emergency powers in the future.
The determination of a wartime situation serves as a crucial factor for validating martial law declarations.

Jae Hee Lee (2025) studied this question.

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