Skand Tayal | The consequences for South Korea’s Prez after 6-hour martial law drama

South Korea and the world witnessed a train of unimaginable political events on December 3-4, 2024, which left them bewildered and confused. South Korean President Yoon Suk-Yeol’s sudden and surprising imposition of martial law in the late evening of December 3 was not supported by his party or the Cabinet. The President perhaps consulted only his defence minister before taking such a momentous step. The Army chief followed his command as the Army units were initially deployed and surrounded the National Assembly.

After swift action by the National Assembly, that unanimously rejecting the imposition of martial law by a vote of 190 out of the total 300, President Yoon withdrew his ill-considered move after a six-hour drama.

The leader of President Yoon’s Peoples Power Party (PPP) apologised to the public in a formal statement and called for the country’s defence minister, Kim Yong-Hyun, to be dismissed. Defence minister Kim chose to resign on December 4 itself, and took full responsibility for the events of the previous day. He was subsequently arrested for treason on December 8. Three senior commanders involved in the martial law operations were suspended.

The South Korean constitution does permit the imposition of martial law in case of threats to national security, but this needs the approval of a majority in the National Assembly. Unfortunately, the Army chief had obeyed the unconstitutional order of the President and deployed forces in Seoul surrounding the National Assembly. However, the brave National Assembly members rushed to the legislature in the night, defying the security cordon, and passed the unanimous motion against martial law with all 190 members present voting against it. This reportedly included 18 members of the President’s own party.

It is to the South Korean media’s credit that it totally ignored the martial law decree of restrictions on its reporting and gave full coverage to the unfolding events at the National Assembly. Also, thousands of ordinary citizens gathered outside the National Assembly during the night itself demanding the revocation of martial law.

While declaring martial law, President Yoon had said the Opposition’s actions were “clear anti-state behaviour aimed at inciting rebellion” and claimed that their actions had “paralysed state affairs and turned the National Assembly in a den of criminals”.

In the face of unified defiance by National Assembly members, the media and citizens, President Yoon retracted and reversed his decision of imposing martial law within six hours. One can reasonably assume that the commander of the 28,000-strong US military forces in South Korea may have given some sane advice to both the President and the local Army commanders.

Since emerging from the brutal Japanese colonial rule in 1945, the Korean Peninsula has had a turbulent history. After long and painful mass protests by students and workers, South Korea eventually saw the dawn of real democracy in 1986. The people of South Korea are just not prepared to go back to the bad old days of 1950-86 and give up their hard-earned civil liberties and democratic rights.

To prevent any ambitious leader to again usurp power, South Korea’s constitution has a clear division of power. The President is directly elected but only for one five-year term. After his election, with a slim majority of less than one per cent in 2022, President Yoon’s Peoples Power Party lost heavily in the April 2024 elections for the National Assembly. At present, 192 of the 300 seats are with the combined Opposition led by the main rival, the Democratic Party.

With its control over the National Assembly, the Opposition had demanded major changes in the President’s budget proposals and also did not approve several of his important appointments. This concerted Opposition led to a deadlock in major decision-making and perhaps the patience of President Yoon snapped, resulting in his taking the drastic and unilateral decision of imposing martial law.

President Yoon’s political career seems to be over. The National Assembly has already commenced impeachment proceedings against him, which requires a two-thirds majority, or 200 of its 300 members. On December 7, 105 members of the PPP united to oppose the motion for impeachment and it was not passed.

The PPP is trying to find ways to curb the President’s executive powers but his continuation in office with effective power exercised by Prime Minister Han Duck-soo. The PPP wants to avoid the removal of President Yoon as a fresh presidential election is bound to return the opposition Democratic Party candidate.

Also, both the South Korean police and the prosecutor’s office have booked President Yoon as a suspect on charges of treason, mutiny and abuse of power. The law permits the President’s arrest and a ban has been imposed on his overseas travel.

South Korean society has evolved since 1980s as a democratic polity with strong civil society institutions. Students, trade unions, religious congregations and scores of well-funded NGOs are independent of the government and command a considerable following. Opinion polls indicate that over 70 per cent of citizens are in favour of President Yoon’s immediate removal from office.

Regrettably, after the establishment of real democracy in the late 1980s the “politics of vendetta” is being pursued in South Korea. Successive Presidents have been either sentenced to prison terms after completing their term or impeached.

The United States has expressed its “grave concern” on the developments and welcomed the lifting of martial law. Other friends of South Korea, including India, watched the events with disbelief but refrained from making any comment. All heaved a sigh of relief as the events did not lead to any violence. The situation will now hopefully be dealt with under the provisions of South Korea’s Constitution.