SEOUL, South Korea — Prosecutors in South Korea have been urged to file charges against President Yoon Suk Yeol, who is currently in detention, concerning his brief implementation of martial law last month. The claims against him include rebellion, abuse of power, and obstruction of parliamentary duties.
During a court hearing, which marked his second appearance in a legal setting on Thursday, Yoon defended his controversial actions. He explained that the martial law decree, issued on December 3rd, was intended to alert citizens about the risks posed by a National Assembly dominated by the opposition. He stated that the martial law was revoked swiftly after lawmakers rejected his decree, maintaining that he did not intend to threaten the opposition but to solicit public scrutiny of their actions.
“The martial law declaration was not a warning directed at the opposition, but rather an appeal to the public for stricter oversight,” Yoon asserted during the session at the Constitutional Court. “Issuing warnings to the opposition would have had no effect.”
The president has been suspended from duties following an impeachment vote by the assembly on December 14th, and the Constitutional Court is currently deciding whether to terminate his presidency or reinstate him.
At the same court hearing, Yoon’s former defense minister, Kim Yong Hyun, who actively participated in the martial law process, echoed Yoon’s reasoning, claiming that he had drafted the decree and recommended it to the president. Kim, who shares a close relationship with Yoon and is also in detention, insisted that Yoon instructed him to modify the decree by eliminating a public curfew and scaling back the number of troops deployed, as well as ensuring that soldiers would not carry live weapons.
While Kim’s claims are subject to further verification, he has previously asserted that the entire responsibility for the martial law declaration lies with him. He reportedly attempted suicide in custody after the controversial decree.
Since being elected in 2022, Yoon has faced ongoing tensions with the opposition Democratic Party, which has thwarted various aspects of his agenda and prompted the impeachment of several officials. In his martial law announcement, he criticized the assembly as “a den of criminals” hampering governmental processes and vowed to eradicate “North Korea sympathizers and anti-state elements.”
This recent martial law, the first of its kind in South Korea in over four decades, only lasted six hours. Although Yoon dispatched military and police forces to the National Assembly, enough representatives entered to unanimously vote against the emergency measures.
Both Yoon and Kim assert that the deployment of military personnel was intended to uphold order. However, opposition parties and investigative authorities allege that their goal was to control the assembly to thwart attempts to repeal the decree and to detain certain politicians, claims which both Yoon and Kim refute.
Earlier on Thursday, the Corruption Investigation Office for High-Ranking Officials announced that Yoon, along with Kim and other military leaders, allegedly committed acts of rebellion by inciting a “riot” and attempting to undermine the nation’s constitution during the martial law declaration. The CIO further accused Yoon of misusing his authority by mobilizing troops without just cause and hindering the assembly’s voting rights.
Under law, the punishment for leading a rebellion can be severe, ranging from life imprisonment to the death penalty. Since his detention last week, Yoon has resisted questioning attempts, asserting that the investigation and the circumstances of his detention are unlawful.
Deputy chief prosecutor Lee Jae-seung remarked, “Despite facing grave allegations regarding his leadership role in a rebellion, the suspect remains uncooperative and refuses to comply with judicial inquiries,” during a televised briefing.
In response, Yoon’s legal team issued a statement condemning the CIO for what they described as attempts to “humiliate” him through coercive interrogation tactics, as well as claiming infringement of his rights by limiting contact with family.
During his initial court appearance on Tuesday, Yoon denied the claim that he ordered military personnel to forcibly remove lawmakers from the National Assembly to hinder their ability to vote. Testimonies from military commanders assigned to the Assembly, however, suggest that Yoon did give such orders.
The ramifications of Yoon’s martial law decree have unsettled the political landscape in South Korea, impacted financial markets, and tarnished the nation’s global reputation. Yoon’s ongoing defiance, alongside the opposition’s concerted effort to remove him from power, has further exacerbated the country’s existing divisions.