[Criminal Law 91 (Definition of National

[Criminal Law 91 (Definition of National Constitution) is a clear argument that is stipulated to punish civil war crimes caused by martial law coups]

1. If the president declares a decree of emergency and uses the military to force the National Assembly to disable its activities, would this be a rebellion? There could be a lot of discussions about whether it would be a national constitution or not. What does a national constitution mean.

2. Article 91 was made especially clear to eliminate the controversy, and importantly, I quote the entire article.

Article 91 (Definition of the National Constitution) In this chapter, the purpose of disputing the national constitution means that it falls under any of the following subparagraphs.
1. Extinguishing the function of the Constitution or the Act without following the procedures prescribed by the Constitution or the Act
2. To make it impossible to overthrow or exercise the power of a state agency established under the Constitution by coercion

3. There is no provision like this in other countries. There is no provision in Japan that resembles us a little bit. This provision was not in the government draft when the penal code was enacted in 1953, but was added by the National Assembly Judiciary Committee as an important amendment.

4. Why did we insert this article? It is well documented in the minutes of the National Assembly. "This article was newly established because the purpose of disrupting the national constitution was vague." (Criminal Law Enforcement Data Collection). So our criminal law, in particular, nails the cases that prevent constitutional institutions from exercising their powers, as fulfilling the purpose of the constitutional controversy.

5 So, why did the lawmakers really want to include this? In 1952, Syngman Rhee wanted to become another president after his fourth year in office. But the constitution at the time said that the president was elected by the National Assembly. In the National Assembly, Syngman Rhee had no chance of re-election. So, he planned to revise the constitution with a direct presidential election.

When the National Assembly did not respond, Syngman Rhee "declared an emergency decree threatening the National Assembly, restraining the National Assembly, and labeling them Communist Party." He threatened the National Assembly with the military, police, and white-knit groups, and he led the National Assembly with a commuter bus crane in a school car to take them to the military police, and raided the assembly of the lawmakers by storming them with thugs. This is called the "Busan political coup," but rather the "anti-government coup" and the "1952 pro-government coup."

6. Kim Sung-soo, then Vice President, issued a protest against the constitutional political turmoil. His resignation petition reads, "I did not expect that the Chief Executive of the Republic of Korea would act as treason to completely destroy his resignation. Then, he declared an illegal emergency in Busan, the temporary capital, where the conditions of the emergency decree were not met, and fabricated a false accusation that it was related to the so-called International Communist Party, and arrested and imprisoned about 50 lawmakers who could not be arrested even under martial law. What is this not a rebellion that overthrew the national constitution and usurped sovereignty?" Isn't Vice President Kim Sung-soo amazing.

7. This is a perfect explanation for Yoon Suk Yeol's martial law coup. <Declaration of Illegal Emergency Security> <Communist Party of China Framed for Spying> <Planning to Arrest and imprison members of the National Assembly> <Disable the exercise of power in the National Assembly> are just right. Vice President Kim Sung-soo's definition of a "sovereignty-devastating insurgent coup" is just right. In the future, the coup in Yoon Suk Yeol should be named like this.

8. Let's go back to Article 91 of the Criminal Code. In 1952, Syngman Rhee completed a constitutional amendment called the amendment of the Constitution, which resulted in the presidential election, and the National Assembly was defeated. The following year, in 1953, our Criminal Code was enacted. Taking lessons from the disastrous events of 1952, our National Assembly clearly legislated Article 91 to punish these sovereign and exploitative rebellion coups.

9. Isn't it surprising? The 1953 Criminal Code was designed to punish the 2024 civil war coup by mobilizing troops. So thank the Second National Assembly, and relax and punish them for civil war.