President Yoon Suk Yeol delivers a public address through a video seemingly recorded at his residence, Wednesday, as police proceed with the execution of a warrant to detain him. Courtesy of the presidential office

President Yoon Suk Yeol's legal team has submitted a response to the Constitutional Court defending the legitimacy of the Dec. 3 martial law declaration, arguing that the opposition Democratic Party of Korea (DPK) has engaged in the dissemination of fake news to undermine his administration.

The response also criticized media outlets critical of the government, urging the court not to be swayed by media-driven propaganda in deciding on the president's impeachment.

Yoonl's legal representatives submitted a 62-page response to the Constitutional Court on Tuesday, citing the "reckless behavior of the opposition party" as the primary reason for the Dec. 3 martial law declaration, according to an exclusive report by the Hankook Ilbo.

Yoon's legal team argued that opposition-aligned media outlets, controlled by labor unions, were producing fake news, which amplified malicious propaganda by the DPK. This, they claimed, fueled public anxiety, confusion and unnecessary budget waste.

"The DPK has relentlessly spread fake news to implicate the president in wrongdoings, coercing related parties into giving false testimony," the legal team said.

Martial law justification

Yoon's team also accused legacy media of being complicit in the DPK's actions, alleging it has stirred public calls for impeachment. "Can it be acceptable for the president to be impeached based solely on baseless media-driven propaganda, without proper evidence or legal scrutiny?" the response said.

Yoon's lawyers highlighted claims that the DPK had allied with far-left YouTubers, mentioning controversial broadcaster Kim Ou-joon, who has frequently criticized Yoon and allegedly amplified conspiracy theories. "The DPK has become a factory for fake news, working alongside radical YouTubers," the document said.

The response claimed the martial law declaration was a preventive measure against potential large-scale unrest orchestrated by the DPK and affiliated groups.

"Given the history of the DPK, the Korean Confederation of Trade Unions and pro-North Korea groups, it was clear they would mobilize large crowds for anti-government protests through systematic and provocative agitation," the team argued.

They defended the decision to deploy troops during martial law, emphasizing it was necessary to prevent chaos. "The DPK leader immediately called for supporters to gather outside the National Assembly via YouTube, which resulted in confusion," the lawyers claimed. "Yet thanks to the military and police maintaining order, no injuries or bloodshed occurred."

The response also included provocative statements accusing the DPK of jeopardizing South Korea's sovereignty. "The DPK is trying to turn South Korea into a colony of China and North Korea," it read. "A party that continuously promotes pro-China, anti-American, and anti-Japanese sentiment is not even fit to be called a national party."

The legal team went further, accusing the DPK of attempting to use legislative power to enable "electoral fraud" and claiming that its legislative dominance left South Korea vulnerable to espionage.

The Constitutional Court in Jongno District, Seoul, Wednesday. Yonhap

Defense of presidential authority

Yoon's team argued that the ability to declare martial law is a constitutional power granted to the president and should not be subject to judicial review.

"The authority to declare martial law is a constitutional power entrusted to the president by the people through elections. This authority includes immunity for decisions made during complex and urgent emergencies," it said. "Even if there was an error in judgment, it does not constitute grounds for impeachment."

President Yoon's response emphasized that the impeachment process is a politically motivated attempt by the opposition to seize power. "Regime change caused by media manipulation and without proper legal review cannot be allowed," the lawyers said, urging the Constitutional Court to reject the impeachment motion.

President Yoon Suk Yeol enters through the rear gate of the Corruption Investigation Office for High-ranking Officials headquarters in Gwacheon, Gyeonggi Province, Wednesday. Korea Times photo by Choi Won-suk

This article from the Hankook Ilbo, a sister publication of The Korea Times, is translated by a generative AI and edited by The Korea Times.