how will martial law flip-flop affect South Korea 


A demonstrator holds a poster during a protest calling for the ouster of South Korean President Yoon Suk Yeol outside the National Assembly in Seoul on December 7, 2024.

A demonstrator holds a poster during a protest calling for the ouster of South Korean President Yoon Suk Yeol outside the National Assembly in Seoul on December 7, 2024.
| Photo Credit: AFP

The story so far:

For a brief while on December 3, South Korea, a country with a history of military rule, had fleeting visions of its past, as President Yoon Suk Yeol imposed emergency martial law. This would have curbed the activities of political parties, brought the media under the ambit of law, and required protesting workers to resume duties.

What followed the declaration?

Yielding to pressure, Mr. Yoon repealed the law within six hours after lawmakers braved Army troops to vote 190-0 against it at the 300-member strong Parliament. This included 18 members of Mr. Yoon’s People’s Power Party (PPP). The opposition filed an impeachment motion against the President. But on Saturday, lawmakers from the PPP staged a walkout when the National Assembly met to discuss impeaching the President, and therefore, the motion failed.

What is the history of the law?

South Korea’s constitution states that martial law can be imposed to “cope with a military necessity, or to maintain the public safety and order, by mobilisation of the military forces in time of war, armed conflict or similar national emergency.” The law can be repealed if overturned by a majority in the National Assembly. Between the end of the Second World War and South Korea’s transition to democracy in 1987, martial law has been imposed 16 times.

Park Chung-hee, who came to power in 1961 through a military coup, had imposed martial law multiple times during his 17-year reign. Major General Chun Doo-hwan, who came after Park, oversaw one of the darkest chapters in the history of martial law when troops cracked down on a pro-democracy uprising in the city of Gwangju, killing at least 200 people in 1980.

What led to the decision?

At the time of Mr. Yoon’s ascension to the President’s chair in 2022 (with a razor-thin majority of 0.8 percentage-points), the National Assembly was already dominated by the opposition Democratic Party. A victory for them in this year’s parliamentary elections landed Mr. Yoon in a precarious position, making him the first South Korean leader in decades without a majority in the National Assembly. This led to constant bickering, with the President vetoing Bills and accusing the opposition of filing 22 impeachment motions against his administration officials. Coupled with the latest argument over a Budget Bill, the stand-off culminated in Mr. Yoon declaring martial law to stop “shameless pro-North anti-state forces that plunder the freedom and happiness of our people”, terming the Assembly a “monster that destroys the liberal democratic system”.

What has been Mr. Yoon’s track-record?

A prosecutor by profession, Mr. Yoon came to power succeeding Moon Jae-in from the Democratic Party. During his career, the 63-year-old has handled several high-profile cases, including the investigation and conviction of former President Park Geun-hye. In comparison to Mr. Moon, who struck a conciliatory tone with North Korea by meeting its leader Kim Jong-un, the Conservative Mr. Yoon has adopted a hawkish approach. He called for increased military drills and economic sanctions on Pyongyang, in moves perceived as an overture to bolster ties with the U.S.

On the domestic front, increasing home prices and rising unemployment have kept his administration busy. The country is home to an ageing population and has the world’s lowest birthrate. The government’s efficacy was first put to test on October 29, 2022, at the Halloween weekend stampede where 159 people were killed at a popular nightlife district in Seoul. The authorities’ response to the incident came under sharp criticism. The second challenge came in the form of the doctors’ protest which began in February 2024, when the government decided to admit more medical students to address staff shortages. The medical workers wanted the government to address their harsh working conditions and dismal pay before recruiting more students. Another blot on Mr. Yoon’s career was the bribery charges levelled against his wife, Kim Keon Hee, who was caught on camera receiving a $2,200 Dior pouch as a gif. These factors, clubbed with his anti-feminist policies and attacks against the media for spreading ‘fake news’, led the President’s approval points to drop to a 17% last month.

What has been the aftermath?

While Mr. Yoon apologised, senior aides to Mr. Yoon offered to resign en masse. Defence Minister Kim Yong-hyun, who is believed to have recommended martial law to Mr. Yoon, resigned from his post. The opposition’s impeachment motion had the backing of citizens and labour unions who have gone on strike in Seoul. Allies of Mr. Yoon such as the leader of his PPP party, Han Dong-hoon, termed the martial law imposition wrong and suggested withdrawing President Yoon’s constitutional powers. However, lawmakers from the PPP staged a walkout during the discussion on the impeachment motion. The National Assembly is empowered to impeach the President if more than two-thirds of the members support the motion. The opposition currently holds 192 seats in the 300-strong Parliament while Mr. Yoon’s party has 108 members. The opposition needed eight members of the PPP to break ranks and join its cause for impeachment to come through.

Under South Korean constitutional law, if a President is removed from office, his powers are suspended until the Constitutional Court makes a final decision. Once his or her termination is confirmed, the election for a new President must be held in 60 days.



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