Prosecutors are investigating South Korean President Yoon Suk-yeol for the martial law declaration that plunged the nation into turmoil. Multiple testimony suggests he directed the entire process, from its announcement to the deployment of military forces. The prosecution is reportedly considering charging Yoon as the “ringleader of insurrection,” a severe offense that carries penalties of up to life imprisonment or even death.
President Yoon declared martial law after a heated cabinet meeting on the night of Dec. 3. During the meeting, Yoon stated his intention to declare emergency martial law, which was met with strong opposition from Deputy Prime Minister and Minister of Economy and Finance Choi Sang-mok, National Intelligence Service (NIS) Director Cho Tae-yong, and other key officials. Yoon dismissed their concerns, stating, “This is my decision as president,” before leaving the meeting.
Even as he stormed out of the meeting room on his way to the briefing room, Yoon’s Chief of Staff Chung Jin-seok and National Security Advisor Shin Won-sik reportedly followed him, attempting to dissuade him. Yoon, however, allegedly insisted, “It’s my decision. Say no more,” and proceeded to declare martial law at 10:27 p.m. that night.
Shortly after the declaration, at 10:53 p.m., Yoon reportedly called Hong Jang-won, the former first deputy director of the NIS, instructing him to “support the Defense Counterintelligence Command.” Hong testified that he passed the order to Yeo In-hyung, the former commander of the Counterintelligence Command, who then requested the NIS track the locations of key politicians.
Around the same time, Yoon contacted military commanders tasked with deploying martial law troops to the National Assembly and the National Election Commission. Special Warfare Commander Kwak Jong-geun testified that Yoon instructed him over the phone to “break down the National Assembly doors and drag out lawmakers.” Yoon is also said to have called Yeo and Lee Jin-woo, the former commander of the Capital Defense Command, to inquire about the situation.
The prosecution’s investigation revealed that Yoon was directly involved in drafting the martial law decree, which was issued at 11:23 p.m. that night. Former Defense Minister Kim Yong-hyun, who drafted the initial document, testified that Yoon ordered revisions of specific clauses.
The revised decree was sent to Army Chief of Staff Park An-su, the designated martial law commander. When Park expressed the need for legal review, Kim assured him the decree had undergone a legal review. However, it was later revealed that the presidential office or other relevant agencies had not conducted a legal review. Kim told prosecutors, “I assumed the president, a former prosecutor and legal expert, would have reviewed the decree.”
At approximately 1:02 a.m. on Dec. 4, after the National Assembly voted to block Yoon’s declaration of martial law, Yoon visited the Joint Chiefs of Staff (JCS) underground bunker, where the martial law command’s situation room was located. There, he reportedly held a 30-minute meeting with Defense Minister Kim and Army Chief Park. The details of their discussion and why martial law was not immediately lifted remain under investigation.
The prosecution’s Special Investigation Division has gathered substantial testimony indicating Yoon’s involvement in declaring and imposing martial law. Prosecutors are reportedly preparing to charge him with leading civil unrest, a charge that carries a statutory penalty of death or life imprisonment, although mitigating factors could reduce the sentence to 10 to 50 years in prison. Yoon is expected to be summoned by the prosecution for questioning as early as this week.
