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Martial Law - 03 Dec 2024 - President Yoon Suk Yeol

Prime Minister Han Duck-soo and ruling People Power Party (PPP) leader Han Dong-hoon held a joint press briefing on 08 December 2024 saying President Yoon Suk-yeol will not be involved in state affairs, including diplomacy, and that the prime minister will lead the state affairs until Yoon's "early" and "orderly" departure. South Korea has now entered an odd situation where it has a "president," not impeached, but deprived of acting as a president.

PPP leader Han Dong-hoon said at the joint press briefing with the prime minister that through an orderly early departure of the president, "we will minimize the chaos for the Republic of Korea and its people, stabilize the political situation and restore liberal democracy." The party leader said the majority of the public believes that Yoon should step down, as he is unable to govern normally for the remainder of his term. In what appeared to be an attempt to ease concern among the public and the international community, Han said the president will not take part in state affairs, including diplomacy, even before his departure.

Lee Jae-myung, the opposition DP leader, on Sunday accused the South Korea's ruling party and Prime Minister Han Duck-soo of "destroying the constitutional order" after the two announced they will work together to manage state affairs, according to Yonhap. National Assembly Speaker Woo Won-shik, who comes from the opposition DP, also said it would be a "blatant violation of the Constitution," should the prime minister and ruling party jointly exercise presidential power, The Korea Times reported. "The transfer of presidential power comes from the people, and such a process should abide by the Constitution and the principle of popular sovereignty," Woo said.

The motion to impeach South Korean President Yoon Suk Yeol failed after ruling party lawmakers walked out of parliament. If the motion had passed in the National Assembly, it would mark the third presidential impeachment motion in South Korea's constitutional history, following Roh Moo-hyun in 2004 and Park Geun-hye in 2016. Tens of thousands of protesters continued their calls for Yoon to resign. South Korea's constitution requires a presidential election be held within 60 days of a presidential vacancy. Yoon's term in office runs out in May 2027.

Opposition parties hold 192 seats in the National Assembly. The impeachment motion required 200 votes to pass, but only three PPP lawmakers participated in the vote amid a ruling party boycott. South Korea's main opposition party promised to renew its attempts to impeach President Yoon Suk Yeol as early as 11 December 2024.

President Yoon Suk Yeol said it was up to the ruling People Power Party to decide how long he stays in office, amid growing calls for his resignation since he invoked martial law earlier this week. During a nationally televised address delivered as the parliament was set to vote on a motion to impeach him, Yoon also apologized for the martial law order, which lasted for about six hours.

President Yoon Suk Yeol (Korean-English)] “The declaration of martial law came from a sense of urgency as the president, who is ultimately responsible for state affairs. However, the decision caused anxiety and inconvenience to the public in the process. I am very sorry, and I would like to sincerely apologize to the public, who must have been alarmed. I will not evade my legal or political responsibilities for declaring martial law.”

“Dear Korean citizens, there have been rumors that there will be another declaration of martial law, but I can clearly tell you now that there will never be another declaration of martial law. Dear Korean citizens, I will entrust my party with decisions on how to stabilize state affairs, including [decisions about] the remainder of my term in office.” After concluding his speech, the president stepped away from the podium and bowed to the people before walking offstage.

The President's People Power Party (PPP) collectively decided to block the impeachment but instead will consider other options such as a shortened term for the president. Han Dong-hoon, the leader of the PPP, said the president will eventually step down. The PPP boycotted Saturday's impeachment vote — put forward by the main opposition Democratic Party (DP) — scuttling the movement and keeping Yoon from being impeached. After the vote, PPP leader Han said the party had decided that Yoon would resign and had "effectively obtained" his promise to do so.

Han emphasized that Yoon was no longer in a position to carry out his public duties and his resignation was unavoidable. Though he pledged the PPP would "resolve this crisis in a more orderly and responsible manner" than impeachment would have, Han refused to say just when Yoon would step down. "The People Power Party will pursue an orderly departure of the president in order to minimize confusion for the people," said Han, who added that Yoon would be "effectively excluded from his duties, and the prime minister will consult with the party to manage state affairs." Han’s influence over the ruling party is limited in the face of a pro-Yoon faction that may still prove loyal to the president.

The opposition DP ridiculed that idea as "absurd and illegal." "Neither the people, nor the law, nor anyone has given Han the power to remove [Yoon] from office," the party said in a statement, saying impeachment is the only way.

All members of the parliament participated in the earlier vote that was turned down the opposition-led bill to initiate a special prosecution on the First Lady Kim Keon Hee and allegations surrounding her. 198 lawmakers voted for, and 102 voted against. This was the third parliamentary rejection of the First Lady special prosecution bill. It needed a majority attendance AND more than two-thirds approval to pass but was short of two approvals from passing.

On December 3, 2024, President Yoon Suk Yeol of South Korea announced he will lift the “emergency martial law” mere hours after introducing it, following the parliament’s unanimous vote against the measure. Yoon Suk Yeol declared martial law, citing the need to protect the nation from "pro-North Korean threats" and to eliminate "anti-state forces." In a late-night televised address, he accused the opposition party of sympathizing with North Korea and engaging in activities that paralyze the government. "To safeguard a liberal South Korea from the threats posed by North Korea's communist forces and to eliminate anti-state elements... I hereby declare emergency martial law," Yoon said in the televised address. Some reports suggest it was a very hasty decision made by a very small group.

But just hours after the decree was issued, the National Assembly voted to lift it. Yoon said he would lift the decree at a Cabinet meeting. It was officially rescinded around 5 am.

The country's largest labor union declared an "indefinite general strike" and said it will not stop its actions until the head of state resigns. The mass protests were sparked by the president's decision to declare martial law and his accusations of North Korean sympathies against the opposition, which have angered citizens who see such actions as undermining the country's democratic principles.

The main opposition Democratic Party expected to hold a vote on 07 Novembr 2024 Saturday evening, on a motion to impeach President Yoon Suk Yeol over his short-lived martial law declaration. The motion was reported to the National Assembly early Thursday, by the six opposition parties, including the majority Democratic Party. The DP said the vote on the motion will take place at around 7 PM Saturday.

Under the National Assembly Act, a vote must occur between 24 and 72 hours after the proposed motion. This means the vote on the motion can take place as early as 12:49 AM on Friday. And for the motion to pass, a two-thirds majority, or two hundred votes, is needed. With the opposition holding 192 seats, at least eight ruling People Power Party members would need to vote in favor of the motion, which is not completely unlikely. If the motion passes, President Yoon will be suspended from his duties immediately. PPP leader Han Dong-hoon vowed to oppose and block the impeachment.

Democratic Party leader Lee Jae-myung called Yoon's act a coup d'état that destroyed the constitutional order.

Lee urged that the impeachment of President Yoon must be carried out without failure, and told Han that it is the responsibility of the party leader to prevent the PPP from becoming part of a rebellious criminal group. "Even if the People Power Party wants to side with the rebellious criminal group, it is the party leader's responsibility to prevent that from happening. They should not become a collaborator with the rebellion."

Alongside Saturday's impeachment vote, the main opposition party is seeking to revote a bill calling for a special investigation into allegations of corruption and election interference for first lady Kim Keon Hee. The decision to simultaneously push for a revote, appears to be a move to make the ruling party members attend Saturday's plenary session, as there is a possibility that the PPP will boycott the impeachment vote.

In South Korea, if a sitting president is impeached or resigns, the Prime Minister assumes the role of acting president. This arrangement continues until a new president is elected, which must occur within 60 days of the vacancy. If President Yoon Suk Yeol were to be impeached or resign, Prime Minister Han Duck-soo would become the acting president until a new election is held within the mandated 60-day period.

By early September 2024 South Korean politicians were caught up in a heated — and unusually timed — debate over possible martial law scenarios. The situation began when Democratic Party leader Lee Jae-myung made a reference to “speculation about martial law preparations” in his remarks before a summit with his ruling party counterpart.

The “martial law preparation” talk began surfacing again when PSS commissioner Kim Yong-hyun — the one who would have received expanded powers — was named on 12 August 2024 as a candidate for minister of national defense. If Kim became minister, Yoon’s fellow alumni from Seoul’s Choongam High School — referred to as the “Choongam faction” — would gain control over key positions in the intelligence lineup needed for military command authority and the mobilization and control of actual troops.

Park Jong-seon, the head of the Defense Security Agency (DSA; often referred to as the 777 Command), the central entity tasked with collecting special intelligence on North Korea, also hails from Choongam High. So does Interior Minister Lee Sang-min, who, along with the defense minister, has the authority to recommend a martial law declaration to the president.

Just hours before Yoon's announcement, an editorial in the Korea Times stated that the Democratic Party was "exploiting its parliamentary majority to further its agenda," accusing it of "weaponizing impeachment motions against key officials and manipulating budget deliberations to undermine Cabinet ministers, heads of state-run agencies and other key figures perceived to be at odds with the party."

Analysts said he played his hand poorly and weakened his own position. "Yoon's declaration of martial law appeared to be both legal overreach and a political miscalculation, unnecessarily risking South Korea's economy and security," said Leif-Eric Easley, professor of international studies at Ewha Womans University in Seoul. "With extremely low public support and without strong backing within his own party and administration, the president should have known how difficult it would be to implement his late-night decree.... He sounded like a politician under siege, making a desperate move against mounting scandals, institutional obstruction and calls for impeachment, all of which are now likely to intensify."

"There has been a lot of criticism in the media and the public of the actions of the Democratic Party and it seems that Yoon misunderstood that as greater support for him than he actually had," said Kim Sang-woo, a former politician with the left-leaning South Korean Congress for New Politics and now a member of the board of the Kim Dae-jung Peace Foundation. "The opposition has been abusing its legislative position to force through bills that Yoon believes are contrary to the national interest, to demand legal investigations into his wife and a series of impeachment motions against senior members of his government".

South Korean opposition parties submitted a bill to the National Assembly to impeach President Yoon Suk-yeol. Yoon was under growing criticism over his declaration of emergency martial law, just hours before reversing course and lifting the decree. Six opposition parties submitted the bill, which says it is clear that the declaration was issued despite the fact that emergency martial law is not necessary. It also says declaring emergency martial law violating the Constitution is an act of betrayal against the people.

The National Assembly needs a supermajority — 200 votes or more to pass the motion. Democratic Party, which holds a majority in the 300-member parliament, Chair Lee Jae-myung says the party is actively engaging with the ruling People Power Party to secure the required number. The Constitutional Court would then decide whether the impeachment is appropriate within 180 days.

PPP Chair Han confirmed that three key issues were discussed among ruling party lawmakers. "The first was the complete resignation of the Cabinet. The second was holding key officials, including the defense minister, strictly accountable. And the third was calling for the president to leave the party. On the first and second proposals, there was broad agreement. However, there were mixed opinions on the third."

The main opposition Democratic Party(DP) submitted a motion seeking to impeach Defense Minister Kim Yong-hyun, who is believed to have advised President Yoon Suk Yeol to declare emergency martial law. Minister Kim issued a statement accepting full responsibility for the decision and offered his resignation to the president. President Yoon Suk Yeol’s entire Cabinet was said to have expressed intent to resign a day after Yoon declared martial law and subsequently lifted it. A government official said all Cabinet members expressed their stance to Prime Minister Han Duck-soo. Currently, the Cabinet consisted of 19 members, excluding the president and the prime minister.

South Korea had in the past been rocked by impeachment motions against presidents in office. In 2004, the assembly passed a motion to impeach then-President Roh Moo-hyun, over illicit funding by his aide. But the Constitutional Court dismissed the motion, bringing Roh back to office about two months after the ruling party clinched a landslide victory in a general election. In 2016, the assembly passed a motion to impeach then-President Park Geun-hye over her involvement in an influence-peddling scandal. In 2017, the Constitutional Court unanimously upheld its motion, making Park the first president to be dismissed as president by impeachment.

Yoon Suk Yeol was elected in 2022 as a conservative political novice promising a tougher line on North Korea. He had not had an easy ride, taking office with some of the lowest approval ratings of any democratically elected South Korean president. Those ratings dropped even further to 19 percent in the latest Gallup poll, with many expressing dissatisfaction over his handling of the economy and controversies involving his wife, Kim Keon Hee.

On 12 November 2024 during his address to the nation, critics saw President Yoon Suk-yeol as the epitome of condescension and arrogance Yoon refuted every allegation directed at him and first lady Kim Keon-hee, demonstrating his belief that he and his wife are completely blame-free. By offering his apologies “whatever the case,” Yoon implies that he feels as if he is being blamed when he is nothing but innocent. Such turns of phrase are used only when the speaker lacks even the smallest shred of sincerity. Nearly every major newspaper and media outlet criticized the content of Yoon’s address and attitude throughout.

A Gallup Korea survey showed Yoon’s approval ratings at 17%, down by 2 percentage points, while disapproval ratings were 74%, up by 2 percentage points. A Korea Society Opinion Institute survey commissioned by OhmyNews measuring how much of the public wants to see Yoon leave his position before the end of his official term. 58.3% of those surveyed wanted Yoon out while 31.1% disagreed and 10.6% were undecided. Of those polled, 47.7% called for the National Assembly to pursue his impeachment; 37.7% called for Yoon to voluntarily step down; and 10.3% called for a constitutional amendment to shorten his term. But at that point the proverbial “smoking gun” has yet to appear. Koreans often use the term “abdication” to refer to presidential resignations. This is probably because the office of president is very special.

Yoon, who represents the conservative People Power Party, did not mention any specific threat from Pyongyang during the televised speech , and the move was seen by some as a reaction to domestic political tension and conflict. The president’s surprising move harkened back to an era of authoritarian leaders that the country has not seen since the 1980s, and it was immediately denounced by the opposition and the leader of Yoon’s own conservative party.

Yoon said that martial law would help “rebuild and protect” the country from “falling into the depths of national ruin.” He said he would “eradicate pro-North Korean forces and protect the constitutional democratic order.” Yoon — whose approval rating has dipped in recent months — has struggled to push his agenda against an opposition-controlled parliament since taking office in 2022. “I will eliminate anti-state forces as quickly as possible and normalize the country,” he said, while asking the people to believe in him and tolerate “some inconveniences.” The president accused opposition lawmakers of cutting "all key budgets essential to the nation's core functions, such as combating drug crimes and maintaining public security... turning the country into a drug haven and a state of public safety chaos."

Following Yoon’s announcement, South Korea’s military proclaimed that parliament and other political gatherings that could cause “social confusion” would be suspended. All political activities were banned under the emergency martial law. South Korean President Yoon Suk-yeol said in an emergency statement on Tuesday night that his country has been put under emergency martial law. Yoon said in that national politics is in paralysis and he is declaring emergency martial law to protect the constitutional order. The Defense Ministry instructed the military to strengthen vigilance. In response, the country's martial law headquarters has announced that it will ban all political activities such as party activities and civil gatherings in the National Assembly. Any acts "that deny or attempt to overthrow the liberal democratic system are prohibited, and fake news, public opinion manipulation, and false propaganda are prohibited."

The military also said that the country’s striking doctors should return to work within 48 hours, Yonhap said. Thousands of doctors had been striking for months over government plans to expand the number of students at medical schools. The military said anyone who violates the decree could be arrested without a warrant.

Under martial law, South Korean forces might accidentally use inappropriate levels of force in response to protests, the declaration could damage the reputation of conservative politicians, and that North Korea could find ways to exploit the situation.

President Yoon's declaration aimed to restore governmental functionality and address perceived internal threats. However, it faced immediate backlash from both opposition leaders and members of his own party, who viewed the move as unconstitutional and reminiscent of past authoritarian practices.

Under South Korean law, martial law can be lifted with a majority vote in the parliament, where the opposition Democratic Party holds a majority. Under the South Korean Constitution (Article 77):

• Martial law can be declared during a time of war, armed conflict, or national emergency.
• It includes emergency measures such as military control over civil administration and suspension of civil liberties.
• The National Assembly holds the power to annul martial law, ensuring a check on executive overreach.

The declaration led to significant unrest. Protests erupted outside the National Assembly in Seoul, where civilians clashed with military forces attempting to shut down parliamentary activities. Opposition leader Lee Jae-myung condemned the martial law declaration as unconstitutional and called for public protests. He and other lawmakers entered the National Assembly to vote against the declaration, despite military attempts to block access.

Police officers lined up around the area and were guarding against people who are trying to enter the assembly. Police were seen scuffling with citizens who gathered there. Multiple helicopters that apparently belong to the military were flying over the assembly.

A South Korean media outlet reported that in the early hours of December 4, the National Assembly convened with 190 lawmakers [out of of 299 members] and voted unanimously to lift martial law, emphasizing the importance of upholding democratic principles and the rule of law. According to Article 77 of the South Korean Constitution, the president must comply with the National Assembly's decision to lift martial law. Following the vote, some military forces began withdrawing from the National Assembly premises.

The leader of Yoon’s conservative People Power Party(PPP) leader Han Dong-hoon said President Yoon Suk Yeol was wrong to declare martial law. In a statement issued after Yoon’s televised announcement late Tuesday night, Han said he will put an end to the state of martial law together with the South Korean people. A key PPP official told KBS that the ruling party convened an emergency general assembly of its representatives and an emergency Supreme Council meeting. PPP floor leader Choo Kyung-ho convened an emergency general meeting of its lawmakers. Opposition leader Lee Jae-myung, who narrowly lost to Yoon in the 2022 presidential election, called Yoon’s announcement “illegal and unconstitutional.”

This incident raised concerns domestically and internationally about South Korea's democratic stability and the potential for escalating political conflicts. The incident marked the first declaration of martial law in South Korea since 1980, during the Gwangju Uprising—a pivotal event in the nation's democratization movement. The 2024 declaration has raised concerns domestically and internationally, with calls for adherence to democratic principles and the rule of law.

This action followed political deadlock over budget approvals and calls for independent investigations into scandals involving President Yoon's administration. The opposition-controlled National Assembly had been blocking key government initiatives, leading to heightened tensions between the executive and legislative branches. Yoon had dismissed calls for independent investigations into scandals involving his wife and top officials, drawing quick, strong rebukes from his political rivals.

The move came in response to the main opposition Democratic Party’s repeated attempts to impeach key government officials, according to Yoon. Yoon said the opposition was paralyzing the government, noting that it impeached the interior minister as well as the head of the Korea Communications Commission and is now seeking to remove the defense minister, a number of prosecutors, and the chair of the Board of Audit and Inspection. The conservatives called this a vendetta against their criminal investigations of Opposition leader Lee Jae-myung, who had been seen as the favorite for the next presidential election in 2027 in opinion polls.

The president also blamed the Democratic Party for railroading a downsized budget through the parliamentary budget committee, saying this is damaging essential functions of the government, including the maintenance of law and order. The vote on next year's budget bill was postponed as lawmakers across the aisle locked horns over its size. Hours before the plenary session scheduled for 02 December 2024, where the year 2025 budget was originally expected to be introduced, National Assembly Speaker Woo Won-shik announced the postponement of the budget review as the rival parties continue to dispute the details. In an urgent conference, Woo said he is holding off until the budget can sufficiently "instill hope in the financially vulnerable people in the country."

"The National Assembly holds the responsibility to set the budget so it can stabilize people's livelihoods and the economy, which is as important as following the legal deadline." He's urged speedy negotiations between the rival lawmakers as they struggle to meet halfway. "I make a stern request to the rival parties. We must pass the budget by December 10th, the day our regular session ends. "

Throughout the budget-making process that began over a month ago, the ruling party has been insisting on full parliamentary support for the government-proposed budget of over 677.4 trillion Korean won. But the National Assembly's opposition-controlled budget review committee has reduced the budget by over 4 trillion won, unilaterally, at 673.3 trillion Korean won. Among the most reduced -reserve expenses, and the expenses for special activities for the president's office and the prosecution.

The opposition had planned to pass the reduced budget through an assembly-wide vote. But a strong pushback from the ruling party leading up to the meeting halted the plan, as the PPP called the move an attempt to "paralyze the government administration." The PPP urged the DP to take back its proposal and warned that there will be no further negotiations unless it does so. The DP insisted it is "nonsensical that the government can't run properly without the reduced budget." It was expected the tensions would continue until the rival parties attempt to reach the middle ground throughout this month.

Instances of Martial Law

• 1948: Martial law was declared in response to the Jeju Uprising, where thousands of civilians were killed as the government suppressed a communist-led insurrection.
• 1950: During the Korean War (1950–1953), martial law was used extensively to maintain order in the face of North Korean invasions and internal instability.
• 1961: General Park Chung-hee declared martial law after leading a military coup d'état that overthrew the Second Republic. This began a period of military dictatorship under the Yushin Constitution Era (1960s–1970s).
• 1972: Under Park’s authoritarian Yushin Constitution, martial law powers were expanded to suppress political dissent and enforce his regime's rule.
• October 1979: After Park Chung-hee’s assassination, martial law was declared to manage political instability.
• May 1980: Following the coup by General Chun Doo-hwan, martial law was declared nationwide, suspending the National Assembly and censoring media. This led to the brutal suppression of the Gwangju Uprising, where hundreds of pro-democracy protesters were killed.
• 1987: Democratic Transition - Martial law was not formally declared during the 1987 democratization movement, but military crackdowns and threats of its use were prevalent. Public protests eventually led to constitutional reforms and the end of authoritarian rule.
• December 2024 President Yoon Suk Yeol declared martial law citing "pro-North Korean threats," marking the first declaration since the 1980s. This sparked intense domestic and international criticism and was quickly annulled by the National Assembly.

The history of martial law in South Korea is closely tied to the nation’s turbulent political history, particularly during periods of authoritarian rule and democratic struggle. Martial law has been declared multiple times, often in response to political unrest, national security crises, or perceived threats to the state. Since South Korea's transition to democracy, martial law has been viewed as a relic of its authoritarian past and has not been used. Its invocation in democratic times is seen as unconstitutional and controversial. Martial law in South Korea remains a sensitive topic, symbolizing both the struggles of its democratic movement and the enduring vigilance against authoritarianism.