Lee's lawyer said that the former commander is a soldier under the command of the commander-in-chief, and that the president, who served as the prosecutor general, must have judged that declaring martial law himself went through all legal procedures.
He emphasized that if the president's declaration of martial law and the minister's order to be dispatched to the National Assembly are unconstitutional, and if they have to be dispatched under the final conclusion that it is constitutional, neither the commander nor the soldier will be dispatched in any urgent situation in the future.
He added that even after the declaration of the emergency martial law, the function of the National Assembly was not impossible, and that the martial law army smashed a few windows of the National Assembly did not constitute a riot of rebellion.
In the afternoon, preparations for the former martial law commander, Army Chief of Staff Park An-soo and Special Warfare Commander Kwak Jong-geun, were held at the same time, but Park and Kwak were not present.
Lawyers for the two defendants argued they were unable to comment because military prosecutors had not yet reviewed the late authorization to copy up to 30,000 pages of evidence records.
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