SEOUL, South Korea — Investigators in South Korea have requested that prosecutors charge President Yoon Suk Yeol over his brief declaration of martial law from the previous month, citing allegations of rebellion, abuse of power, and hindrance to parliamentary functions. The request came on Thursday, the same day Yoon defended his decision during a court hearing.
During this latest court appearance, Yoon insisted that his martial law declaration on December 3 was intended to alert the public about the potential risks posed by a National Assembly dominated by opposition parties. He claimed that the martial law was retracted swiftly after lawmakers rejected his decree. “The purpose behind the announcement of martial law was not aimed at threatening the opposition. My goal was to urge the public to closely scrutinize and criticize their actions,” Yoon explained at the Constitutional Court. He emphasized that any warnings issued to the opposition would have been ineffective.
On December 14, Yoon was impeached and suspended from his role by the assembly, with the Constitutional Court currently examining whether to finalize his removal from office or restore his position. During the hearing, Yoon’s defense minister at the time, Kim Yong Hyun, who is also in custody, backed the president’s claims, stating that he proposed the martial law decree to Yoon.
Kim, a trusted ally of Yoon currently facing charges himself, contended that Yoon had directed him to omit a public curfew from the decree and suggested deploying fewer soldiers than initially planned, ensuring that they would not carry live ammunition. However, the veracity of Kim’s statements remains unverified, and he has previously acknowledged that he bore sole responsibility for the controversial martial law decision. Following the declaration of martial law, he was prevented from carrying out a suicide attempt while in detention.
Since his inauguration in 2022, conservative Yoon has faced continuous challenges from the liberal opposition Democratic Party, which has leveraged its majority status in the assembly to obstruct his policy initiatives and impeach several of his senior officials. In his justification for the martial law declaration, Yoon labeled the assembly as a “den of criminals” responsible for hindering governmental functions, vowing to eradicate “North Korea sympathizers and anti-state elements.”
The martial law imposed by Yoon was notable as it marked the first instance in over four decades in South Korea; however, it was lifted within six hours. Troops and police were dispatched to the National Assembly, where a sufficient number of lawmakers managed to assemble and voted unanimously to revoke the emergency decree.
While Yoon and Kim claimed their military presence was intended to maintain order, opposition factions and investigators assert that they sought to block assembly operations to forestall the revocation of martial law and considered detaining certain politicians. Both Yoon and Kim denied these accusations.
Democratic Party representative Noh Jongmyun cautioned both leaders against misleading the public, asserting that any attempts to undermine South Korean democracy and constitutional integrity would not alter the truth. He referred to live coverage from December 3, depicting troops forcibly breaking into the assembly building and lawmakers scaling walls to gain access.
Earlier that Thursday, the Corruption Investigation Office for High-Ranking Officials (CIO) alleged that Yoon conspired with Kim and other military leaders to stage a “riot” and undermine the constitution by declaring martial law. The CIO accused Yoon of misusing his authority by mobilizing troops for illegitimate purposes and obstructing lawmakers’ voting rights regarding the continuation of martial law.
If convicted, Yoon could face severe penalties, including life imprisonment or even the death penalty, given the legal implications of rebellion. Since his detention by the CIO the previous week, Yoon has resisted attempts to question him, labeling the investigation as unlawful.
Deputy chief prosecutor Lee Jae-seung stated in a televised briefing, “Despite facing grave allegations as the alleged leader of a rebellion, the suspect has remained consistently uncooperative and resistant to judicial processes.” Meanwhile, Yoon’s legal team has accused the CIO of degrading the president’s dignity and violating his rights by restricting his family communication.
In his earlier appearance before the Constitutional Court, Yoon refuted allegations that he instructed military officers to forcibly remove lawmakers to prevent them from voting. Meanwhile, testimony from military commanders involved suggested that Yoon had indeed called for the removal of lawmakers.
Yoon’s controversial martial law decree has significantly impacted South Korea’s political landscape and financial markets, also tarnishing the nation’s international reputation. His defiance and the opposition’s efforts to oust him have deepened the existing societal divides within the country.
