Martial Law & Aftermath: South Korea’s Constitutional Crisis By: Kennedy Clothier
Introduction
On December 3, 2024, at 10:23 p.m., South Korean President Yoon Suk Yeol declared martial law nationwide during a live broadcast, making the first such declaration in South Korea since 1980.[1] President Yoon justified this abrupt move as necessary “to protect the free Republic of Korea from the threat of North Korean communist forces, to eradicate the despicable pro-North Korean anti-state forces that are plundering the freedom and happiness of [South Korean’s] people, and to protect the free constitutional order.”[2] The move immediately restricted media freedoms, allowing for warrantless arrests of violators.[3] Masked and armed martial lap troops stormed South Korea’s National Assembly as the declaration prohibited all political activities, including the functions of the National Assembly, local assemblies, political parties, political associations, gatherings, and protests.[4]
Legal Framework for Martial Law in South Korea
In South Korea, the authority to declare martial law is governed by both the Constitution and the Martial Law Act, which establish stringent criteria to prevent misuse.[5] Article 77 of the Constitution empowers the President to proclaim martial law during wartime, armed conflict, or comparable national emergencies that necessitate military intervention to maintain public safety and order.[6] It differentiates between precautionary and extraordinary martial law, with the latter permitting special measures that can restrict freedoms such as speech, press, assembly, and association, as well as alter the functions of the Executive and Judiciary.[7] Furthermore, the Constitution mandates that upon declaring martial law, the President must promptly inform the National Assembly, which holds the authority to request its termination by majority vote—a request the President is constitutionally bound to honor.[8]
Complementing the Constitution, the Martial Law Act provides detailed guidelines for implementing martial law.[9] It also classifies martial law into emergency and guarding categories.[10] Emergency martial law is applicable during situations like war or national crises that severely disrupt administrative and judicial operations, necessitating military intervention.[11] Guarding martial law addresses scenarios where public order deteriorates to the extent that civilian authorities can no longer maintain peace, justifying military involvement.[12] The Act stipulates that the President can declare martial law only after deliberation with the State Council, ensuring a collective executive decision.[13]Additionally, the declaration must specify the rationale, type, effective date, geographic scope, and designate a martial law commander, ensuring transparency and accountability.[14]
Critics argue that President Yoon’s justification, which did not cite specific threats but focused instead on his domestic political opponents, failed to meet the strict legal and constitutional thresholds required for such a declaration.[15] Sources like Amnesty International emphasized that martial law must not be used to suppress dissent or curtail fundamental freedoms, stating that “without sufficient justification, this would be a clear violation of international human rights law and standards.”[16]
Public and Political Response
The declaration of martial law was met with immediate and widespread opposition.[17] Thousands of South Koreans gathered outside government buildings to protect what was perceived as a direct assault on democratic institutions and fundamental human rights.[18] The National Assembly, siding with the public sentiment, unanimously voted to lift the martial law decree within hours of its announcement.[19] Some lawmakers were even forced to climb the walls into the National Assembly compound after being blocked by military troops and police.[20] President Yoon complied with the decree and lifted the order, with the entire ordeal lasting barely six hours.[21]
Then on December 14, 2024, the National Assembly voted 204 to 85 to impeach President Yoon over his short-lived attempt to impose martial law.[22] The impeachment motion alleged that Yoon “committed rebellion that hurt peace in the Republic of Korea by staging a series of riots.”[23] It stated that President Yoon’s mobilization of military and police forces threatened the National Assembly and the public, and that his martial law decree aimed to disturb the constitution.[24]
Following the impeachment, President Yoon’s powers were suspended, and Prime Minister Han Duck-soo assumed the role of acting president.[25] However, Han himself faced impeachment proceedings, which were later overturned by South Korea’s Constitutional Court.[26] The court reinstated Han as acting president, highlighting the internal conflict and ongoing political turmoil.[27]
In addition to the impeachment, South Korean prosecutors indicted President Yoon on charges of insurrection related to his brief imposition of martial law.[28] If convicted, President Yoon could face potential life imprisonment or the death penalty as that is the applicable punishment for insurrection in South Korea.[29] His indictment marks the first time a sitting South Korean president has been indicted.[30]
As of January 14, 2025, the Constitutional Court has up to 180 days to determine whether to dismiss Yoon Suk Yeol as president or restore his powers.[31] If the court upholds the impeachment, a national election to choose his successor must be held within 60 days.[32] The court’s deliberation is critical, as it will set a precedent for the limits of presidential power and the protection of democratic institutions in South Korea.[33]
International and Domestic Implications
President Yoon’s attempt to impose martial law and the resulting political turmoil have far-reaching consequences both within South Korea and on the international stage.[34] Domestically, these events led to deep polarization among the populace, with massive protests both supporting and opposing President Yoon.[35] A Gallup Korea poll released shortly after the events showed President Yoon’s approval rating had plummeted to 11%, with 75% of respondents supporting his impeachment.[36]
Internationally, allies such as the United States and the United Kingdom have expressed concerns over the stability of South Korea’s democracy.[37] The U.S. Ambassador to South Korea showed support for the country’s “democratic and constitutional process,” emphasizing the importance of adherence to the rule of law and stressing the significance of ensuring that democratic principles remain intact.[38] However, President Yoon’s actions may have undermined recent efforts to strengthen security cooperation between the United States and South Korea.[39] Furthermore, the United Kingdom’s Foreign Office issued travel advisories for its citizens on the very day martial law was declared, highlighting the international alarm over the situation.[40] While the long-term effects on South Korea’s global relations remain uncertain, it is clear that President Yoon’s decision has had negative reverberations internationally and domestically.[41]The outcome of the impeachment proceedings and associated charges will likely continue to shape South Korea’s standing on the world stage.[42]
Conclusion
President Yoon’s declaration of martial law marked a profound challenge to South Korea’s democratic institutions and legal frameworks.[43] However, the rapid and unified response from the National Assembly, judiciary and public highlighted the strength and resilience of South Korea’s democratic system.[44] The Constitutional Court’s reinstatement of Prime Minister Han Duck-soo as acting president further demonstrates the effectiveness of the nation’s checks and balances, even amidst political turmoil.[45] As South Korea navigates the aftermath of these unprecedented events, the steadfast commitment to constitutional processes stands as a testament to the maturity and robustness of its democracy.[46] Given the ongoing developments, it will be essential to monitor the progress of President Yoon’s impeachment process and any subsequent legal outcomes as they unfold.
[1] Reuters, Explainer: What We Know About South Korea’s Martial Law Declaration (Dec. 3, 2024), https://www.reuters.com/world/asia-pacific/what-we-know-about-south-koreas-martial-law-declaration-2024-12-03/.
[2] Id.
[3] Id.
[4] Id.
[5] Daehanminkuk Hunbeob [Hunbeob] [Constitution] art. 77 (S. Kor.); Martial Law Act, Act No. 3442, Apr. 17, 1981, amended by Act No. 11690, Mar. 23, 2013, available at https://elaw.klri.re.kr/eng_mobile/viewer.do?hseq=45785&type=part&key=13.
[6] Daehanminkuk Hunbeob [Hunbeob] [Constitution] art. 77 (S. Kor.).
[7] Id.
[8] Id.
[9] Martial Law Act, Act No. 3442, Apr. 17, 1981, amended by Act No. 11690, Mar. 23, 2013, available at https://elaw.klri.re.kr/eng_mobile/viewer.do?hseq=45785&type=part&key=13.
[10] Id.
[11] Id.
[12] Id.
[13] Id.
[14] Id.
[15] Yoomin Won, Symposium on South Korea’s Martial Law Declaration Part 3: Failing to Uphold International Human Rights Standards, IConnectBlog (Jan 28, 2025), available at https://www.iconnectblog.com/symposium-on-south-koreas-martial-law-declaration-part-3-failing-to-uphold-international-human-rights-standards/.
[16] South Korea: Martial law must not be used to restrict human rights, Amnesty International (Dec. 3, 2024), https://www.amnesty.org/en/latest/news/2024/12/south-korea-martial-law-must-not-be-used-to-restrict-human-rights/.
[17] Foster Klug, What to Know About South Korea’s Martial Law and the Impeachment Vote Threatening Its Presdient, AP News (Dec. 12, 2024), https://apnews.com/article/south-korea-martial-law-north-korea-emergency-b310df4fece42c27051f58b8951f346f.
[18] Id.
[19] Id.
[20] Id.
[21] David Rising & Kim Tong-Hyung, 6 Hours of Anger, Bravery and Defiance During Martial Law in South Korea, AP News (Dec. 4, 2024), https://apnews.com/article/korea-martial-law-standoff-yoon-882ce9744379510588a2b255fe8939b6.
[22] South Korea: President Impeached for Abuse of Power, Human Rights Watch (Dec. 14, 2024), https://www.hrw.org/news/2024/12/15/south-korea-president-impeached-abuse-power.
[23] Katherine Donlevy, South Korea’s Parliament Votes to Impeach President Yoon Over Marital Law Declaration–Sending Country into Celebratory Frenzy, N.Y. Post, Dec. 14, 2024, https://nypost.com/2024/12/14/world-news/south-koreas-parliament-impeached-president-yoon-suk-yeol-over-martial-law-declaration/.
[24] James Palmer, South Korean President Yoon Suk-yeol Declares Martial Law, Foreign Policy, Dec. 3, 2024, https://foreignpolicy.com/2024/12/03/south-korea-yoon-martial-law-declaration-army-parliament-vote/.
[25] Gawon Bae, South Korea Top Court Reinstates Prime Minister Suspended Over Martial Law Turmoil, CNN, Mar. 24, 2025, https://www.cnn.com/2025/03/23/asia/south-korea-court-reinstates-prime-minister-martial-law/index.html.
[26] Id.
[27] Id.
[28] Jean Mackenzie & Ruth Comerford, Impeached S. Korean President Charged with Insurrection, BBC, Jan. 26, 2025, https://www.bbc.com/news/articles/cr53r1d0jz4o.
[29] Id.
[30] Hyung-Jin Kim & Foster Klug, What to Expect After South Korea’s Impeached President Was Indicted on Rebellion Charges, AP News (Jan. 27, 2025), https://apnews.com/article/south-korea-yoon-martial-law-rebellion-indictment-0474602c89f04f003e012f333c5d5e0d.
[31] Kim Tong-Hyung, How South Korea’s Constitutional Court is Deciding on the President’s Future, AP News (Feb. 13, 2025), https://apnews.com/article/south-korea-yoon-suk-yeol-martial-law-constitutional-court-rebellion-3fe04ba7f081d5ac27a429b181364e5d.
[32] Id.
[33] Id.
[34] Jason Cox, Yoon’s Declaration of Martial Law: Implications for the South Korea-US Alliance, The Diplomat (Dec. 12, 2024), https://thediplomat.com/2024/12/yoons-declaration-of-martial-law-implications-for-the-south-korea-us-alliance/.
[35] Son Ji-hyoung, Yoon’s Approval Rating Down to 11%: Gallup Korea, Korea Herald (Dec. 13, 2024), https://www.koreaherald.com/article/10017044.
[36] Id.
[37] Jason Cox, Yoon’s Declaration of Martial Law: Implications for the South Korea-US Alliance, The Diplomat (Dec. 12, 2024), https://thediplomat.com/2024/12/yoons-declaration-of-martial-law-implications-for-the-south-korea-us-alliance/; Taryn Pedler, Violence in South Korea Prompts UK Government to Issue Urgent Warning to Brits as President Yoon is Forced to Backtrack on Martial Law, Daily Mail (Dec. 3, 2024), https://www.dailymail.co.uk/news/article-14155089/violence-south-korea-urgent-warning-uk-government.html.
[38] Yujin Son, YL Blog #108 – Impeachment at a Diplomatic Crossroads: Uncertainty and the Future of South Korea’s Foreign Policy, Pacific Forum (Mar. 21, 2025), https://pacforum.org/publications/yl-blog-108-impeachment-at-a-diplomatic-crossroads-uncertainty-and-the-future-of-south-koreas-foreign-policy/.
[39] Sheena Chestnut Greitens, The Global Consequences of Yoon’s Martial Law Gambit, Emissary (Dec. 4, 2025), https://carnegieendowment.org/emissary/2024/12/south-korea-martial-law-foreign-policy-us-alliance?lang=en.
[40] Samantha Mayling, Travel Alert Issued as Martial Law Declared and Then Lifted Across South Korea, Travel Weekly (Dec. 3, 2024), https://travelweekly.co.uk/news/tour-operators/travel-alert-issued-as-martial-law-declared-across-south-korea.
[41] Sheena Chestnut Greitens, The Global Consequences of Yoon’s Martial Law Gambit, Emissary (Dec. 4, 2025), https://carnegieendowment.org/emissary/2024/12/south-korea-martial-law-foreign-policy-us-alliance?lang=en.
[42] Id.
[43] Sanghee Park, What South Korea’s Rejection of Martial Law Tells Us About Governance and the Resilience of Democracy, LSE (Jan. 3, 2025), https://blogs.lse.ac.uk/usappblog/2025/01/03/what-south-koreas-rejection-of-martial-law-tells-us-about-governance-and-the-resilience-of-democracy/.
[44] Id.
[45] Gawon Bae, South Korea Top Court Reinstates Prime Minister Suspended Over Martial Law Turmoil, CNN, Mar. 24, 2025, https://www.cnn.com/2025/03/23/asia/south-korea-court-reinstates-prime-minister-martial-law/index.html.
[46] Sanghee Park, What South Korea’s Rejection of Martial Law Tells Us About Governance and the Resilience of Democracy, LSE (Jan. 3, 2025), https://blogs.lse.ac.uk/usappblog/2025/01/03/what-south-koreas-rejection-of-martial-law-tells-us-about-governance-and-the-resilience-of-democracy/.