Yoon Declares Martial Law in South Korea

Critical Questions by Andy Lim, Seiyeon Ji, and Victor Cha

Published December 3, 2024

On December 3, 2024, South Korean president Yoon Suk Yeol declared emergency martial law in an unannounced nationally televised address at 10:30 p.m. (KST), citing the need to protect the country from "North Korean communist forces" and "antistate forces," and to "rebuild and protect" South Korea from "falling into ruin." This is the first time martial law has been declared since 1980 when a military coup was carried out by Chun Doo-hwan after the assassination of President Park Chung-hee in 1979.

Q1: What has occurred since President Yoon's martial law declaration?

A1: Since the news broke, police vehicles have barricaded the front gate of the National Assembly, while dozens of armed soldiers have entered the building. Martial law troops forcibly entered the National Assembly's main building by breaking a window. Martial Law Commander and Army Chief of Staff Park An-su had earlier issued a "Martial Law Command Proclamation (No. 1)" declaring that all political activities, including the operations of the National Assembly, local assemblies, political parties, political associations, gatherings, and protested, are prohibited.

Despite this, as of 1:00 a.m. (KST), the National Assembly passed a resolution demanding the lifting of martial law, with all 190 members present out of 300 voting in favor. Under Article 77 of the South Korean Constitution, when the National Assembly, with the consent of a majority of its members, requests the lifting of martial law, the president is required to comply. By 1:12 a.m. (KST), soldiers near the third gate of the National Assembly had withdrawn, and approximately 2,000 citizens gathered in front of the main gate, shouting "Long live the Republic of Korea!"

Q2: Is this declaration of emergency martial law unprecedented?

A2: No, there have been 16 martial law declarations since the country was founded in 1948. Under Article 77 of the South Korean Constitution, a president may declare martial law in response to war, incidents, or other national emergencies. There are two types of martial law: emergency and security.

By declaring an emergency martial law, President Yoon can now "[restrict] the freedom of speech, publication, assembly and association" and implement "special changes to the authority of governments or courts and a warrant system in accordance with the provisions of related laws."

Under Proclamation No. 1 (martial law decree) effective as of 11:00 p.m. (KST), the following measures have been implemented:

• All political activities, including the operations of the National Assembly, local assemblies, political parties, political associations, gatherings, and protests, are prohibited.
• Any act that denies or attempts to subvert the democratic system is prohibited, including fake news, manipulation of public opinion, and false incitement.
• All media and publications are subject to the control of the Martial Law Command.
• Acts of social disruption, such as strikes, slowdowns, or gatherings, are prohibited.
• All medical personnel, including interns, who are on strike or have left their medical posts must return to their duties within 48 hours and serve diligently. Violators will be punished under the Martial Law Act.
• Except for antistate forces and those attempting to subvert the system, innocent citizens will be provided with measures to minimize disruptions to their daily lives.
  

Any violators of the proclamation can be arrested, detained, searched, and seized without a warrant and will be punished according to Article 14 of the Martial Law Act.

Q3: What motivated President Yoon to declare martial law?

A3: The opposition Democratic Party has been raising alarms about this threat since September. Last week, the opposition-led National Assembly reduced the government's budget for the upcoming year and initiated proceedings to impeach the chief of the state audit agency and the chief prosecutor.

In his speech, President Yoon criticized the opposition, which holds a parliamentary majority, for holding a "legislative dictatorship," that has hindered his ability to effectively govern the country, citing 22 impeachment attempts since he took office in May 2022.

Q4: How has the opposition and public reacted to the martial law declaration?

A4: The opposition Democratic Party quickly asked lawmakers to gather at the National Assembly, with party leader Lee Jae-myung urging them and Korean citizens to "safeguard the collapsing democracy." In a live YouTube broadcast, Lee declared that President Yoon had betrayed the people and that, from this moment, he was no longer the president of the Republic of Korea.

Even members of President Yoon's own party, including People Power Party leader Han Dong-hoon, have opposed the declaration, stating, "This is an unlawful and unconstitutional declaration of martial law. The Republic of Korea is a free democracy, and we will protect our democracy with the people" (translation by authors).

South Korean citizens have gathered in front of the National Assembly, where clashes reportedly erupted between the military and civilians as martial law troops attempted to enter the building.

Q5: What happens next?

A5: The Biden administration has remained cautious in commenting on developments in Korea, stipulating that more information will become available and that any political conflicts must be resolved peacefully.

North Korean statements have not yet appeared, but Pyongyang is almost certain to exploit this turmoil for propaganda purposes against the Yoon government.

Yoon's domestic survivability is uncertain at the moment. While meant as a strong and decisive move by Yoon to preempt political unrest, the rapid mobilization of the legislature to overturn the martial law declaration and a likely outpouring of street protests against a president that is at a 10 percent approval rating could spell Yoon's demise.

Andy Lim is deputy director and fellow with the Korea Chair at the Center for Strategic and International Studies (CSIS) in Washington, D.C. Seiyeon Ji is associate director and associate fellow with the Korea Chair at CSIS. Victor Cha is president of the Geopolitics and Foreign Policy Department and Korea Chair at CSIS.

Programs & Projects