From martial law to impeachment

The term "martial law" has long been considered taboo in South Korea due to the historical wounds it has inflicted.

President Yoon Suk Yeol addressed the public in Seoul on December 14, after the National Assembly upheld impeachment. (Source: Yonhap)

The martial law order issued by President Yook Suk Yeol late on the night of December 3rd lasted for only about six hours. This was not the first time in the history of this Northeast Asian country that it had experienced martial law.

Why was martial law imposed?

According to the Korea Times, Article 77 of the South Korean Constitution stipulates that the president has the power to declare martial law by mobilizing the military to respond to war, disaster, or national emergencies. This order is divided into security martial law and emergency martial law, depending on the severity of the situation.

Martial law is imposed during periods of serious unrest such as riots, war, or major natural disasters. In these situations, the military assists the government in maintaining order, while civilian agencies continue to function normally, albeit under close supervision.

Meanwhile, martial law is imposed when the civilian system is completely unable to control the situation, such as during wartime or serious crises that threaten national security.

At this time, military power could replace the civilian governance system, basic rights such as freedom of speech, assembly, and political activity were suspended, while the military directly controlled the media, courts, and public institutions.

Regardless of the type, martial law must be immediately notified to Congress, and Congress has the power to overturn it if a majority of its members agree.

The state of martial law declared by President Yook Suk Yeol was an emergency. Those who violated martial law could be arrested and searched without a court order under Article 9 of the Martial Law Act. However, the martial law order was quickly overturned by the South Korean National Assembly.

Tools for consolidating power

Statistics from the Korea Times show that since the establishment of the South Korean government in 1948, the country has experienced a total of 17 instances of martial law being declared regionally and nationwide, most of which were aimed at consolidating political power rather than resolving genuine national crises.

South Korea experienced its first martial law in October 1948, when President Syngman Rhee declared it to counter an armed rebellion by the 14th Regiment of the Korean Army. This force refused orders to quell the uprising on Jeju Island, also known as the Jeju 3/4 Incident. Later that same year, another martial law order was imposed on Jeju Island, leading to a massacre of civilians that killed tens of thousands.

During the Korean War in the 1950s, the South Korean government declared martial law nationwide, after imposing it in several areas. Martial law was applied during the April 19, 1960 Revolution to suppress student protests against the authoritarian regime of President Syngman Rhee. During his term, Syngman Rhee declared martial law 10 times.

In 1961, Park Chung Hee staged a military coup, establishing a government and declaring the 11th martial law in Korean history. In 1964, he reiterated this in Seoul to quell protests against the normalization of relations with Japan. In 1972, he imposed nationwide martial law to pass the Yushin Constitution.

In 1979, following the Busan-Masan pro-democracy protests, martial law was declared in Busan and South Gyeongsang. After the assassination of President Park Chung Hee in October 1979, emergency martial law was imposed nationwide (except for Jeju Island) for 440 days, paving the way for the military regime of President Chun Doo Hwan.

In 1980, Chun Doo Hwan expanded martial law in response to the Gwangju Democratization Movement, resulting in hundreds of deaths.

After South Korea transitioned from military to democratic rule in the 1980s, although there is evidence that some administrations considered martial law, none were declared until recently. This is believed to be partly due to the 1981 National Assembly Amendment Act, which prohibits the president from unilaterally declaring martial law.

According to political experts, President Yoon Suk Yeol's unexpected declaration of martial law stunned the nation, with many expressing outrage.

Professor Kim Seon Taek, a constitutional law professor at Korea University, argues that there is no legitimate basis or prerequisite for President Yook Suk Yeol to declare emergency martial law.

According to her, the head of state violated legal principles regarding procedure, such as the requirement to immediately notify Parliament after declaring martial law. Furthermore, the military's intrusion into Parliament and disruption of its functions was unconstitutional and illegal.

The South Korean National Assembly voted in favor of impeaching President Yoon Suk Yeol on December 14. (Source: Kyodo)

A bleak future

President Yoon Suk Yeol's political career faces immense challenges as the National Assembly passed an impeachment resolution against him on December 14th. While not the first president to be impeached, he is the first leader to face this procedure for declaring martial law since the 1980s.

Prior to Yoon Suk Yeol, two other South Korean leaders had been impeached: Roh Moo Hyun (2003-2008) and Park Geun Hye (2013-2017).

Roh Moo-hyun was the first South Korean president to be impeached by the National Assembly. In March 2004, he was impeached by the opposition – which held a majority in the National Assembly – on charges of violating election laws by publicly supporting the Uri Party. He was suspended from office for two months.

However, tens of thousands of people took to the streets to protest the move. On May 14, 2004, the Constitutional Court overturned the impeachment decision and reinstated Roh Moo Hyun, after which his approval rating surged. After his term, Roh returned to his hometown peacefully until turmoil struck in 2008.

At that time, former South Korean President Roh Moo Hyun was accused of accepting bribes while in office by businessman Park Yeon Cha, chairman of the Tae Kwang footwear group, causing public outrage and shock. Despite denying the allegations, Roh Moo Hyun still faced prosecution in April 2009.

On May 23, 2009, he committed suicide after leaving a suicide note asserting his innocence. The sudden death of the former president shocked all of South Korea. Public opinion once again "shifted," believing that Roh Moo Hyun was completely innocent and was forced to take his own life.

Hours after Roh Moo Hyun's death, then-Justice Minister Kim Kyung Han announced the closure of the investigation into the former president and his family.

Meanwhile, on December 9, 2016, President Park Geun-hye was impeached by the South Korean National Assembly on charges of corruption, abuse of power, and involvement in the scandal of her close friend Choi Soon-sil, who was accused of manipulating policy and accepting bribes from large corporations.

On March 10, 2017, all eight judges of the Supreme Court unanimously upheld the impeachment and removed her from office. A year later, Park Geun-hye was sentenced to 25 years in prison and fined 20 billion won (US$17.86 million). In 2021, President Moon Jae-in pardoned her for health reasons. She was released in March 2022.

Regarding President Yoon Suk Yeol, the South Korean National Assembly is currently taking the first steps in impeachment proceedings. The inter-agency investigation unit is seeking to issue a summons for him to appear for questioning this week.

According to a spokesperson for the South Korean Constitutional Court, the court will hold its first hearing on December 27. Under the law, Yoon Suk Yeol will be suspended from his duties until the Constitutional Court rules on the case, either dismissing him or restoring his powers.

The court has 180 days to make a decision, and if President Yoon Suk Yeol is impeached, South Korea will have to hold an election to choose his successor within 60 days.

Not only is President Yoon Suk Yeol's political career facing an uncertain future, but the ruling People Power Party (PPP) is also at risk of collapse, with party chairman Han Dong Hoon announcing his resignation on December 16, while five members of the PPP's Supreme Council have left open the possibility of doing the same.

Park Chang Hwan, a political commentator and professor at Jangan University, assessed that the President's declaration of martial law "is like political suicide," affecting not only the President personally but also the ruling party.