South Korean President Yoon Suk-yeol declared an emergency martial law on Dec. 3, citing the need to “protect constitutional order” during a televised special address around 10:20 p.m. The decree officially went into effect at 11:00 p.m. but was short-lived, as the National Assembly convened a plenary session at 1:00 a.m. on Dec. 4 and passed a resolution to reverse the martial law, with 190 lawmakers voting in favor. Korea’s Constitution requires the president to lift martial law if a majority of National Assembly members (at least 151) vote for its removal.
The swift reversal has raised questions about the president’s judgment and rationale behind the decision, given that the opposition parties, including the Democratic Party of Korea, hold an overwhelming majority of 192 seats at the National Assembly. Politicians have described the president’s move as a “self-inflicted political blunder.”
Article 77 of the Constitution states that the president may declare martial law “in cases of war, armed conflict, or a comparable national crisis when it is necessary to maintain public safety and order through armed forces.” Article 2 of the Martial Law states that martial law can be issued in cases of war, combat with an enemy, or extreme social disorder that severely hampers the functioning of administrative and judicial systems. Both require that the president consult the cabinet before making such a declaration.
Controversy over whether President Yoon sought cabinet approval before issuing the surprise decree is intensifying amid conflicting reports. An official from the Prime Minister’s Office said, “To the best of our knowledge, no cabinet meeting was convened to discuss the martial law.” But a few hours later, multiple senior government officials told Yonhap News that “the president convened a cabinet meeting immediately before issuing the decree.”
Additionally, the law mandates that the president notify the National Assembly after declaring martial law. It remains to be seen whether such notification was delivered to National Assembly Speaker Woo Won-shik. Furthermore, Article 77 specifies that the president must lift martial law if a majority of National Assembly members vote for its termination. But the police initially blocked lawmakers from entering the National Assembly building immediately after the decree was issued, an action that could become a contentious issue in future debates over the martial law declaration.
The National Assembly passed the resolution to lift martial law just two hours after it took effect, forcing the president to comply. Armed troops stationed at the National Assembly withdrew after the decree was reversed. Some analysts speculate that President Yoon may have declared martial law as a show of force against the opposition-dominated National Assembly, which has been pushing for the impeachment of prosecutors and the head of the Board of Audit and Inspection.
However, the unprecedented martial law declaration and reversal, which saw armed martial law troops enter the National Assembly for the first time since South Korea’s democratization in 1987, has led to widespread political backlash.
The Democratic Party has called for the president’s resignation. “We will not sit idly by and watch President Yoon destroying the Constitution and trampling on democracy,” the party said. The ruling People Power Party leader, Han Dong-hoon, apologized to the public. “The president must explain this tragic situation, and the minister of defense, who recommended this decision, should be dismissed immediately,” he said.
The incident is expected to leave a lasting stain on President Yoon’s leadership and further polarize the nation’s political landscape.
