TAIPEI (Taiwan News) — After the South Korean president declared martial law on Tuesday (Dec. 3), Taiwan’s Legislative Yuan Deputy Secretary-General Zhang Yu-rong (張裕榮) said democratic countries should not handle matters this way.
South Korean President Yoon Suk-yeol declared martial law, accusing the opposition party of sympathizing with North Korea and anti-state activities. Six hours later, lawmakers pushed past soldiers into parliament and voted to strike down the decree.
During a Legislative Yuan budget meeting on Wednesday, legislators questioned whether a similar situation could occur in Taiwan. Zhang said that while all constitutional framings are possible, he believes the circumstances are unlikely, per CNA.
Democratic, constitutional countries should not handle matters this way, the deputy secretary-general said. Free societies should respect the right of individuals to express their opinions.
As for the circumstances under which the South Korean president declared martial law, Zhang said he could not comment.
During the meeting, DPP Legislator Chung Chia-pin (鍾佳濱) explained Taiwan’s provisions of martial law, citing South Korea’s martial law crisis. Chung questioned whether Taiwan could find itself in a similar situation.
KMT Legislator Luo Zhi-qiang (羅智強) asked if Taiwan President Lai Ching-te (賴清德) declared martial law like in South Korea, and if the military is used to take hold of Congress or arrest members, how the Legislative Yuan should respond in terms of the legal system.
Zhang said that according to the Constitution, Congress has “home rights” (家宅權), meaning the Legislative Yuan president has the right to protect the Legislative Yuan, and the military can not enter at will. If they want to enter the building to search or detain legislators, they need the consent of the Legislative Yuan.
The Legislative Yuan has defensive configurations, Zhang said. Although they differ in strength from the military, this should not happen from a legal perspective, and constitutional agencies should respect each other.
