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South Korea Self-Coup

South Korea Self-Coup

On December 3, 2024, at 10:27 PM, President Suk Yeol Yoon declared martial law, citing frequent opposition-led impeachments and budget cuts as threats that paralyzed the nation. He argued that martial law was necessary to protect the constitutional order of a liberal democracy. In response, Army General An-su Park issued the Martial Law Command Proclamation.

Martial Law Command Proclamation No. 1 hos

To safeguard liberal democracy and protect the safety of the people from the threat of subversion posed by anti-state forces operating within the Republic of Kroea, the following measures are proclaimed throughout the entire nation, effective from December 3, 2024, at 23:00:

  1. All political activities of the National Assembly, local councils, political parties, political associations, rallies, and demonstrations are prohibited.

  2. All acts denying or attempting to overthrow the liberal democratic system are prohibited. The dissemination of fake news, manipulation of public opinion, and false agitation are strictly banned.

  3. All media and publishing activities shall be placed under the control of the Martial Law Command.

  4. Strikes, slowdowns, and rally activities that cause social unrest are prohibited.

  5. All medical personnel, including resident doctors who are currently striking or have abandoned their medical duties, must return to and diligently perform their duties within 48 hours. Failure to comply will result in punishment under the Martial Law Act.

  6. Measures will be taken to minimize inconvenience to citizens who are not part of anti-state forces.

Violators of the above proclamation will be subject to arrest, detention, and search and seizure without a warrant under Article 9 (Special Measures Authority of the Martial Law Commander) of the Martial Law Act, and will be punished under Article 14 (Penalties) of the Martial Law Act.

December 3, 2024 (Tuesday)

Martial Law Commander, Army General An-su Park

Following the declaration of martial law, helicopters deployed special forces to storm the National Assembly. Police officers blocked the entrances, barring lawmakers from entering the building.

Special forces storming the National Assembly

However, legislative aides and citizens mounted resistance. As crowds gathered outside to escort legislators inside, staff members inside the Assembly physically blocked and pushed back against special forces attempting to take control of the chamber. Lawmakers scaled the walls in a desperate attempt to vote to request the lifting of martial law.

Article 77 of the Constitution

  1. When it is required to cope with a military necessity or to maintain the public safety and order by mobilization of the military forces in time of war, armed conflict or similar national emergency, the President may proclaim martial law as prescribed by law.

  2. Martial law shall be of two types, extraordinary martial law and precautionary martial law.

  3. Under extraordinary martial law, special measures may be taken with respect to the necessity for warrants, freedom of speech, the press, assembly and association, or the powers of the Executive and the Judiciary as prescribed by law.

  4. When the President has proclaimed martial law, he shall notify the National Assembly without delay.

  5. When the National Assembly requests the lifting of martial law with the concurrent vote of a majority of the total members of the National Assembly, the President shall comply.

This declaration of martial law violated constitutional provisions. It did not meet the criteria of military necessity or threats to public safety as outlined in Article 77, Section 1. Furthermore, the Constitution does not authorize the suspension or obstruction of the National Assembly under martial law (Article 77, Section 3). Yet, military forces interfered with lawmakers’ efforts to convene and vote to repeal it. As such, the declaration constituted not only an illegal act but could be interpreted as a self-coup — an act of treason.

With widespread support from citizens, the National Assembly succeeded in convening. At 1:00 AM on December 4 — roughly three hours after the declaration — all 190 lawmakers present voted unanimously to request the lifting of martial law. Under Article 77, Section 5 of the Constitution, President Yoon was obligated to comply.

At 4:30 AM, President Yoon issued a statement accepting the National Assembly’s decision to lift martial law. He attributed the three-hour delay to the Cabinet’s failure to meet quorum for a vote, due to the late hour. In his message, while formally rescinding martial law, President Yoon also called on the opposition to cease what he described as “anti-state actions” that, in his view, were paralyzing the nation.

Afterward, South Korea entered a period of post-martial law proceedings. In the following posts, I outline the political and judicial developments in chronological order.