Prime Minister Han Duck-soo and National Intelligence Service (NIS) Director Cho Tae-yong have been named as suspects in an investigation into allegations of treason tied to the declaration of martial law. Former Defense Minister Kim Yong-hyun, who is already in custody, has resigned, while former Interior and Safety Minister Lee Sang-min has also stepped down and is under investigation as a suspect. Additionally, nine other ministers, including Deputy Prime Minister for Economic Affairs Choi Sang-mok, have been summoned for questioning as witnesses.
Concerns are growing over the potential impact on national governance. Critics warn of a possible paralysis in state affairs, a leadership vacuum, and an inability to effectively respond to evolving international challenges, including the leadership transition in the United States, which could have significant ramifications for South Korea.
The Dec. 3 martial law case is being investigated by three authorities: the police, the prosecution, and the Corruption Investigation Office for High-ranking Officials. Police have launched inquiries into 11 individuals, including President Yoon Suk-yeol, former Defense Minister Kim Yong-hyun, and former Interior and Safety Minister Lee Sang-min, on allegations of treason and abuse of power. These investigations were initiated following complaints filed by the Democratic Party of Korea (DPK).
The DPK’s complaint also targets former Army Chief Gen. Park An-soo; former Defense Counterintelligence Command Chief Lt. Gen. Yeo In-hyung; former Capital Defense Command Chief Lt. Gen. Lee Jin-woo; former Special Warfare Command Chief Lt. Gen. Kwak Jong-geun; Commissioner General of the Korean National Police Agency Cho Ji-ho; Seoul Metropolitan Police Agency head Kim Bong-sik; National Assembly Police Guards chief Mok Hyun-tae; and ruling People Power Party (PPP) Floor Leader Choo Kyung-ho. Prime Minister Han Duck-soo and NIS Director Cho Tae-yong were named for their participation in the Cabinet meeting where martial law was discussed, with the DPK alleging complicity in treason. Although Deputy Prime Minister Choi Sang-mok and eight other Cabinet members also attended the meeting, they were not included in the DPK’s complaint but have been called as witnesses by the police.
The prosecution’s investigation has centered on senior military officials, naming President Yoon, former Defense Minister Kim, and Counterintelligence Commander Yeo as suspects. Other individuals, including Army Chief Gen. Park, Special Warfare Commander Kwak, Vice Chairman of the Joint Chiefs of Staff Jeong Jin-pal, Brigadier General Lee Sang-hyun of the 1st Airborne Brigade, and Military Police Commander of the Capital Defense Command Kim Chang-hak, have been summoned as witnesses.
Under the Constitution, the prime minister assumes the role of acting president if the president is unable to fulfill their duties due to death, resignation, or impeachment. However, President Yoon is not currently in such a state, as the Constitution defines “vacancy” as arising from impeachment, resignation, or removal from office. Questions have nonetheless arisen regarding whether Prime Minister Han could serve as acting president if an impeachment motion against President Yoon were passed, given Han’s own status as a suspect in the treason investigation.
Existing laws do not prohibit public officials from performing their duties while under investigation as suspects or witnesses. The State Public Officials Act stipulates that only those formally indicted on criminal charges may be suspended from duty. Jang Young-soo, a law professor at Korea University, explained, “Being under investigation does not equate to guilt. Presuming that investigations alone undermine one’s ability to fulfill official responsibilities contradicts the constitutional principle of presumption of innocence.”
A legal expert cautioned, however, that “if Prime Minister Han and other Cabinet members are indicted in connection with the treason case, the government could face a chain reaction of high-level vacancies, triggering an administrative crisis.”
