If the president declares martial law and mobilizes the military in a situation that is not a national crisis, this constitutes a clear violation of the constitution and laws.

Article 77 of the Constitution stipulates strict criteria related to the conditions for declaring martial law. The preamble of Article 77, Clause 1 of the Constitution states, "The President may declare martial law in accordance with the law in times of war, armed conflict, or similar national emergencies, to meet military needs with armed forces or to maintain public order." In other words, martial law can only be declared in times of war, armed conflict, or similar national emergencies. Nevertheless, declaring martial law and mobilizing the military in a situation that is not a national crisis constitutes a constitutional violation of Article 77, and has a high potential to damage the principles of democracy and popular sovereignty stipulated in Article 1 of the Constitution.

When the president declares a state of emergency, he must notify the National Assembly, which has the power to lift the state of emergency. If the National Assembly passes a resolution to lift the state of emergency and the president does not immediately accept it and maintains the state of emergency, any forces following this could only be considered as rebels.

Therefore, this declaration of martial law should be reviewed to determine whether the president's actions can be considered as treason (Article 87) or conspiracy to commit treason (Article 90) under the Penal Code.

Article 87 of the Penal Code stipulates that anyone who instigates a riot with the intention of excluding national power or corrupting the constitution shall be punished for treason. Article 91 of the Penal Code defines 'corruption of the constitution' as infringing on the basic order of the constitution, or extinguishing the function of the constitution or laws without following the procedures stipulated in the constitution or laws.

The possibility of establishing a conspiracy to commit treason (Article 90 of the Penal Code) increases if the president has carried out specific plans to declare martial law that does not comply with the constitution and has attempted to execute them.

Article 74 of the Constitution states that the president has command of the military, but this must be exercised in accordance with legal and constitutional procedures. Mobilizing the military in a non-emergency situation is a military action that exceeds the president's authority, undermines the principle of separation of powers, and results in the military becoming a political tool.

The South Korean military should be under democratic control, and mobilizing the military at will is considered to have neutralized civilian control.

According to Article 77 of the Constitution, the declaration of martial law must be notified to the National Assembly, and the National Assembly has the authority to lift it. If the president ignores this or intends to limit the authority of the National Assembly, it can be seen as obstructing the function of the National Assembly. If the military invades the National Assembly, it can be a reason for impeachment of the president under Article 65 of the Constitution.

According to Article 65 of the Constitution, if the president violates the constitution or laws, the National Assembly can impeach the president.

Abuse of martial law and mobilization of the military are clear grounds for impeachment, and there is a possibility of being punished for crimes such as treason or abuse of authority under the Penal Code.