A look at various views inside South Korea regarding the legality of the South Korean martial law declaration and continued unrest while all eyes are on Seoul. 
Yoon Suk-yeol martial law December 4

People watch a broadcast of South Korean President Yoon Suk-yeol at a bus terminal in Seoul on December 3 (©AP/Kyodo).

On Tuesday, South Korean President Yoon Suk-yeol invoked emergency martial law for the first time since 1979. In a late-night televised address, Yoon justified the decree by accusing the opposition party of engaging in "anti-state" activities. He also said it was necessary to "eradicate pro-North Korean forces" and safeguard the "constitutional order of freedom."

The decision comes amid escalating tensions between the executive branch and the main opposition Democratic Party (DP), which holds a majority in parliament. For months, opposition lawmakers have unilaterally passed bills with minimal oversight, only for the president to repeatedly veto them. 

The prolonged standoff reached new heights as the DP recently introduced a bill to downsize the national budget. It further filed impeachment motions against a state auditor and three prosecutors. Controversy further ensued as some of these prosecutors were tied to ongoing investigations into DP leader Lee Jae Myung. In his address, Yoon said these actions were blatant anti-state acts that disrupt legitimate state institutions and an outright attempt of insurrection.  

Yoon lifted the martial law around 4:30 am on Wednesday after 190 lawmakers voted to overturn the order. Under South Korea's constitution, the president must revoke martial law if a majority of the 300-seat unicameral legislature opposes the decision.

Since 1948, South Korea has seen a total of 16 martial law declarations, excluding the latest. However, many observers highlight a stark contrast with Yoon's case. Previous decrees were largely issued under authoritarian regimes and in response to extreme situations such as wartime, military coups, or domestic uprisings.

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What Transpired Under the Martial Law

Although the president did not mention specific measures, media reports provided glimpses of the unusual scenes that unfolded under the tense but brief six-hour decree.

According to BBC news, military troops and police were dispatched to the Yeouido district. South Korea's National Assembly and other critical government buildings are located in this area. Thousands of residents were seen rushing to Yeouido to protest the president's decision. Meanwhile, lawmakers struggled to enter the assembly building due to a physical barricade, the British media reported

South Korean citizens gather in front of the National Assembly in Seoul early on December 4. (©Yonhap/Kyodo).

Immediately after Yoon's announcement, the South Korean military prohibited activities by Parliament and political parties and banned public protests. 

They also placed the media and publications under government control. Since taking office, Yoon has been in frequent conflict with the nation's fourth estate, calling for the eradication of allegedly fake news. He has also intensified crackdowns on media outlets.

Yonhap News, a South Korean news agency, reported that those violating the military decree could be arrested. Additionally, Yonhap News said authorities may raid their premises without a court-issued warrant.

In a press conference on Wednesday, Cho Seung-rae, a senior spokesman for the DP, claimed that there had been attempts to arrest individuals. "CCTV footage confirmed that a special squad from the Capital Defense Command attempted to arrest and detain Representative Lee (opposition leader) as the military entered the National Assembly at around midnight on [December] 4," Cho said.

Cho added that the arrest also targeted Han Dong-hoon, chair of the ruling People Power Party (PPP), and Woo Won-shik, speaker of the National Assembly.

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Reactions Within South Korea

Politicians from Yoon's own party were quick to condemn the action. PPP leader Han referred to the declaration as "wrong" and vowed to "stop it along with the people." 

Ahn Cheol-soo, a four-term lawmaker from the PPP, described the martial law as "an extraordinary act of violence that destroys our democracy."

On the other side of the political aisle, DP leader Lee criticized Yoon's declaration as "unconstitutional." He argued that there were "no practical prerequisites to justify such an extreme measure."

South Korean soldiers enter the National Assembly building in Seoul on December 4. (©Yonhap/Kyodo).

Reactions from other experts were similarly disapproving. Hong Sungkee, former dean of Inha University Law School, described the situation as "flabbergasting."

"It's a reckless, self-destructive move, as the conditions for declaring martial law are not in place with virtually no public support," he said. 

Joseph Yi, an associate professor of political science at Hanyang University, said whether President Yoon violated any law in declaring martial law should be left up to the courts. 

However, he added, "Both parties should reflect on the conditions that led to the current situation, especially the politics of framing the other as 'enemies' of democracy, following Loewenstein's (1935) logic of militant democracy." 

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What Comes Next for the President

Yoon faces a tumultuous situation. Calls for his impeachment or resignation from both the opposition and the public are expected to intensify. Even before this incident, Yoon's approval ratings had continuously plummeted. Many voters cited his inadequate handling of the First Lady's scandals and mismanagement of critical policies.

Thousands of university professors have signed petitions in recent months calling for the ousting of the current president. Meanwhile, there have been rallies in Seoul every weekend since August 2022, demanding Yoon's prompt resignation.

Hong believes Yoon's political misjudgment inadvertently provides a stronger case for his resignation. "If the President's maneuver is judged as an infringement of the constitution, it's an impeachable offense," he said. "But Yoon is unlikely to withstand the pressure to step down before official impeachment procedures."

People flood the area around the National Assembly in Seoul on December 4. (©Kyodo).

On Wednesday, politicians from the DP urged Yoon to resign or face impeachment. "Even if martial law is lifted, he cannot avoid treason charges. It was clearly revealed to the entire nation that President Yoon could no longer run the country normally. He should step down," senior DP member Park Chan-dae said in a statement.

Yi suggested that a voluntary resignation by Yoon might be preferable for the country as impeachment could lead to more chaos and division.

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Author: Kenji Yoshida  

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