Late night on Tuesday, December 3rd, President Yoon Seok-yeol declared emergency martial law on national television, sending shockwaves throughout the country. All media showed live footage of the military being dispatched to the National Assembly, where members of the assembly were headed to try to nullify this measure at once. The image of police buses barricading the main gate, armed troops and civilians interlocked in a struggle, and lawmakers—including the chairman—jumping the National Assembly gates to get inside the building, was altogether reminiscent of a time when Korea was under authoritarian rule and protesting for democratization in the 80s. Lamentably, the country had to witness history repeat itself in 2024. 

President Yoon’s move took everyone by surprise. Although the National Assembly managed to lift the martial law in a matter of hours, many questions still remain: why did this happen? How was this even possible? What was Yoon thinking? Where do we go from here? It may not yet be possible to give definitive answers but here, we attempt to shed some light on the past and potential progression of events, Yoon’s rationale and its reception, and a brief history of martial law in contemporary Korean history that shows why this issue holds such significance among the people today.

Why did this happen, and how did the events unfold?

At around 10:30 P.M. on Tuesday, December 3rd, President Yoon Seok-yeol, in an urgent public address, declared emergency martial law to combat what he described as “unprecedented threats to South Korea’s democratic institutions and national stability.” Citing repeated impeachment attempts and severe budget cuts by the opposing Democratic Party (the current parliamentary majority), Yoon accused the party of attempting to “overthrow the liberal democratic system.” He vowed to eradicate anti-state forces and protect the country and its Constitution from “threats of North Korean communist forces,” which he implied is upheld by the opposition party. Subsequently, a martial law command post was established, gaining temporary authority to conduct military and administrative actions. At 11 P.M., it issued the first decree, the contents of which included the prohibition of any political activities including National Assemblies, rallies, protests or strikes, and strict control of the press and publishing, etc. Notably, Article 6 of the decree singled out all medical personnel, who have been on a long-term strike since the beginning of the year, requiring them to return immediately to their posts within 48 hours. Anyone failing to abide by the decree could be arrested, detained, or searched without a warrant, and would be subject to trial in a military court.

Lawmakers rushed to the parliament to take a vote against the martial law. At the same time, soldiers equipped with guns and night vision goggles were also trying to force their way into the building, backed by helicopters and armored vehicles. Whether the soldiers were equipped with live ammunition is still unknown. As the troops made their way from the main gates to the building entrance, civilians and parliamentary aides attempted to block their paths. Meanwhile, lawmakers trickled in, ultimately amounting to 190 members, thus satisfying the quorum. The vote was held shortly past 1 A.M. on Wednesday, December 4th, and the parliament unanimously voted to reject the president’s declaration. The president, after staying silent for two hours, announced at around 4:30 A.M. that he would lift the martial law. In total, South Korea was under martial law for around six hours.

What is martial law, and how does it work?

Martial law signifies military rule, or military control of civilian government affairs in times of national emergency in order to maintain public well-being and safety. It is classified into two types: guarding and emergency martial law. The former allows the martial commander to have control over matters related to the military; the latter, in contrast, gives the commander total control of all administrative and legislative matters, including civil ones. Essentially, under emergency martial law, the President gains full control over all branches of the state. The latter, a more escalated type of martial law, was the one President Yoon had declared.

Article 77 of the Korean Constitution states that the President may proclaim martial law under grave national emergencies—“war, armed conflict, or a similar national emergency”—in order to maintain public safety and order. The President is required to report this decision to the National Assembly immediately. The same article also states the right of the parliament to request the lifting of martial law with the vote of a majority of the total members of the National Assembly. Upon receiving such a request, the President is bound by the Constitution to comply. The Constitution hence ensures the separation of powers: declaring martial law is under the jurisdiction of the executive branch, and lifting it falls under the jurisdiction of the legislative branch. 

When has martial law been declared in the past?

Martial law was declared for the first time in Korea in 1948, and has since been declared a total of 16 times—12 being emergency martial law, and 4 being guarding martial law. Most recently in history, martial law was declared on May 17th, 1980 following a coup d'état, shortly after which countless civilians were killed by the state’s armed forces during a  protest against the coup in the southern city of Gwangju. The “5.18 Gwangju democratization movement” was a tragic yet pivotal moment in Korean history, which has served as a hallmark of the Nation’s fight for democracy. Martial law had not been declared by any president since then. That makes the emergency martial law decreed by President Yoon on Tuesday the first of its kind in 44 years, the first one in the 21st century.

What do people think? What’s next?

The Republic of Korea is home to a hard-earned democracy, having been through a turbulent period of military dictatorship and violent transfers of power throughout its history. For a significant portion of the population, the struggle of democratization is still clearly etched into memory. The younger generation, in turn, has heard enough stories from parents and grandparents to know the gravity of the issue. Naturally, the subject of authoritarianism is a sore spot—one that the country thought had already healed from, but was cut wide open by these recent events.

The country is deeply perplexed as to what exactly Yoon intended to achieve through this seemingly rushed decision. Many are interpreting his move as a desperate Hail Mary, as the President was increasingly backed into a corner by the opposing party and was facing a crisis in his political career. Others believe that he had an elaborate plan in mind, which didn’t come to fruition because of the military’s lackluster performance. In any case, the most important question to be asked is the legality of Yoon’s decision and its execution. Was the situation at hand—“severe political opposition” and vaguely-worded references to “North Korean threats”—so substantial as to satisfy the condition of “war, armed conflict or a similar national emergency,” as stated in the Constitution? Wasn’t his decision to prohibit all political activities, including that of the National Assembly, a fundamental violation of the separation of powers? 

With further investigation revealing more evidence that the President may have acted in violation of the Martial Law Act, the Democratic Party now believes there are more than enough grounds for impeachment. They are set to take this matter to a vote as early as this Friday. Meanwhile, concerns of dictatorship and the ‘backsliding’ of democracy ring loud and clear amongst the Koreans—alarmed citizens are flocking to Gwanghwamun, demanding for Yoon to step down or to be arrested for insurrection. The students of Seoul National University, Yoon’s alma mater, are also raising their voices by issuing statements and gathering on campus to call for Yoon to be stripped of office. Korean society is putting up a united front to defend our democracy and our rights. The people have spoken, but whether Yoon will listen, remains to be seen.