The last week has seen political chaos and huge protests by angry South Koreans against Yoon. After his baffling, dark-of-night martial law edict on Dec. 3, the first in more than 40 years, throngs of lawmakers and nearly 300 heavily armed soldiers rushed to the parliament ahead of a predawn vote that reversed it after only six hours.
Here is what to know about one of the most politically fraught weeks in recent South Korean history:
South Korean President Yoon Suk-yeol has been impeached by the National Assembly over his short-lived attempt to impose martial law, a move that plunged South Korea into political turmoil halfway through his presidency.
The impeachment motion passed by the National Assembly accuses Yoon of treason, centered on his abrupt declaration of martial law earlier this month. Lawmakers have criticised the declaration as lacking any substantial or procedural constitutional basis. Legal experts categorise treason into three levels of culpability: masterminds who orchestrate and direct the activity, key operatives who plan and execute, and participants who act without a defined role. Yoon is being investigated as the alleged mastermind behind the controversial martial law order.
What is martial law?
South Korea’s constitution gives the president the power to use the military to keep order in “wartime, war-like situations or other comparable national emergency states.” Martial law powers can include suspending civil rights such as freedom of the press and assembly and temporarily limiting the powers of the courts and government agencies.
The constitution also gives the National Assembly the power to lift martial law with a majority vote. Lawmakers rushed to the assembly building as soon as they heard of Yoon’s declaration. Some climbed the walls to evade a military cordon so they could assemble a quorum. Their vote to lift the order was 190-0, including 18 members of Yoon’s party.
The impeachment motion alleges that Yoon imposed martial law far beyond his legitimate powers and in a situation that did not meet the constitutional standard of a severe crisis. The constitution also doesn’t allow a president to use the military to suspend parliament. The motion argues that suspending political party activities and deploying troops to seal the National Assembly amounted to rebellion.
The voting
The unicameral National Assembly voted 204 to 85 on Saturday to impeach Yoon, the second such vote in eight days. Three members abstained and eight votes were declared invalid. Some members of Yoon’s own conservative People Power Party provided crucial votes backing the impeachment.
What happens next?
After the parliament voted to impeach Yoon, it’s now up to the Constitutional court to make the final ruling if the South Korean president is reinstated or formally dismissed.
The Constitutional Court shall commence its deliberations on Monday, with a maximum timeframe of 180 days to deliver its verdict. However, analysts anticipate a swifter resolution, citing previous presidential impeachment cases. The court took 63 days to reinstate Roh Moo-hyun in 2004 and 91 days to remove Park Geun-hye in 2016 from office.
Should Yoon be removed from office, a nationwide election to select his replacement must take place within a 60-day timeframe.
The Democratic Liberal Party’s chief Lee Jae-myung, commanding a parliamentary majority, called for prompt Constitutional Court action on Yoon’s impeachment while suggesting the establishment of a special committee to enhance government-parliament collaboration.
South Korean President, Yoon Could be Arrested.
As the investigation continues, there’s a possibility of Yoon becoming the first sitting president to face arrest. The corruption investigation office for high-ranking officials (CIO) has indicated it may pursue an emergency arrest or seek a court-approved warrant if legal conditions are met. Oh Dong-woon, the CIO’s chief, stated that the agency is “willing” to arrest Yoon if required while considering all legal avenues, including summoning Yoon for questioning.
However, such a move would face logistical and constitutional challenges. Yoon continues to enjoy full presidential security and protocol privileges until a formal dismissal. These privileges complicate any attempt to detain him or conduct a search of his residence. The National Office of Investigation (NOI) recently faced resistance from the Presidential Security Service when attempting to search the presidential office, receiving only limited documents.
Also, as the investigation continues, law enforcement authorities have imposed travel restrictions on him as the police and prosecutors examine potential insurrection charges. Seoul law professor Kim Jongcheol had earlier told the New York Times- that a ban on overseas travel “is usually considered a precursor to arrest.”
However, Yoon vows to fight
Following his impeachment, Yoon has denied all allegations and declared he would “fight to the end.” He justified the martial law by stating that sending military personnel to parliament was intended as a cautionary message to the Democratic Party. He accused them of being an “anti-state force” that misused their parliamentary majority by delaying the next year’s budget legislation and repeatedly attempting to remove senior officials through impeachment proceedings.
Further, Yoon pledged to pursue legal action to restore his authority. He released a recorded address highlighting his presidential achievements, particularly emphasising enhanced military cooperation with the United States and Japan. These initiatives have now been suspended, according to his statement.
“But I will never give up,” he said.
