2024 South Korean Martial Law Declaration

On 3 December 2024, at 22:27 Korea Standard Time (KST), Yoon Suk Yeol, the then-president of South Korea, declared martial law during a televised address. In his declaration, Yoon accused the Democratic Party (DPK), which has a majority in the National Assembly, of conducting "anti-state activities" and collaborating with "North Korean communists" to destroy the country, thereby creating a "legislative dictatorship". The order prohibited political activities, including gatherings of the National Assembly and local legislatures, and suspended the free press. Separately, Yoon reportedly ordered the arrest of various political opponents, including the leaders of the DPK and his own People Power Party. The event was widely characterized by news organizations, both international and domestic, and Korean politicians as an attempted self-coup.

The declaration was opposed by both parties and resulted in protests. At 01:02 on 4 December, 190 legislators who had arrived at the National Assembly Proceeding Hall unanimously passed a motion to lift martial law, despite attempts by the Republic of Korea Army Special Warfare Command to prevent the vote. At 04:30, Yoon and his cabinet lifted martial law and soon disbanded the Martial Law Command. The opposition subsequently began impeachment proceedings against Yoon and said it would continue to do so if he did not resign. Uproar over the declaration has led to the resignation of several officials in Yoon's administration, including Defense Minister Kim Yong-hyun, who urged Yoon to enact martial law during a last-minute cabinet meeting shortly before the declaration and was second-in-command of the martial law order. Yoon, as well as other officials of his administration, and military officers were investigated for their role in the implementation of the decree.

On 7 December, Yoon issued an apology for declaring martial law and said that he would not do it again. On 8 December, the former Defense Minister Kim Yong-hyun was arrested and sent to a detention facility for his role in the martial law order, where he would later unsuccessfully attempt suicide shortly before a warrant could be filed against him. On 12 December, Yoon stated that he would "fight to the end" and that the martial law declaration was an "act of governance" to protect against anti-state forces. It is more widely believed that the declaration was motivated by political issues with the DPK-controlled Assembly over repeated impeachment attempts against officials, opposition to his budget, and various scandals involving him and his wife Kim Keon-hee.

Yoon was impeached on 14 December by the National Assembly and suspended from office pending a final ruling by the Constitutional Court on whether to confirm his removal from the presidency. Prime Minister Han Duck-soo served as acting president until he was also impeached on 27 December, making Finance Minister and Deputy Prime Minister Choi Sang-mok acting president. However, Han's impeachment was overturned by the Constitutional Court on 24 March 2025, reinstating him as acting president.

Yoon was arrested on 15 January 2025. On 26 January, he was indicted for leading an insurrection, becoming the first sitting president to be arrested and indicted in South Korean history. On 4 April, the Constitutional Court unanimously upheld Yoon's impeachment and removal from office over the martial law declaration.

Background

South Korea has been governed as a presidential democracy under the 1987 constitution, which provides for a strong executive independent of the legislature. Yoon Suk Yeol, a member of the conservative People Power Party and former prosecutor general, took office as President of South Korea following his victory in the 2022 election.

Yoon has been criticized for far-right political views. His administration had low approval ratings, reaching as low as 17%, with 58% of the population in a November 2024 survey supporting either Yoon's resignation or impeachment. Yoon had struggled to achieve his agenda due to opposition from the National Assembly, controlled by the opposition Democratic Party (DPK) since 2020. In the April 2024 legislative election, the opposition retained its majority but still lacked the two-thirds majority (200 out of 300) required under the constitution to impeach the president.

Yoon boycotted the opening of the National Assembly, even though it is customary for the president to deliver a speech at the event. Yoon has also opposed investigations into scandals involving his wife Kim Keon-hee and top officials, vetoing three separate bills that called for a special counsel investigation into his wife, the third occurring on 26 November 2024. On 2 December 2024, the opposition-controlled parliament moved to impeach Board of Audit and Inspection Chair Choe Jae-hae and three prosecutors involved in two scandals surrounding Kim and rejected the government's 2025 budget proposal.

Early planning of martial law

During prosecution questioning, former Defense Counterintelligence Command (DCC) commander Lieutenant General Yeo In-hyung testified that President Yoon first mentioned "taking emergency action" to address "difficult social issues" in late December 2023, which Yeo interpreted as referring to the failed martial law. At the end of March 2024, President Yoon invited the then-Defense Minister Shin Won-sik, National Intelligence Service Director Cho Tae-yong, and Presidential Security Service Director Kim Yong-hyun for dinner and reportedly expressed his intention to "declare martial law soon." At the dinner, Minister Shin and Director Cho expressed their opposition. Minister Shin, concerned about the implementation of martial law, called Director Kim and the then DCC commander Yeo in private right after the dinner to discuss blocking of any such moves. Yeo added that Yoon started mentioning martial law more often following the PPP's defeat in the April 2024 legislative election. Eventually, Shin was shuffled out of the role of Defense Minister to become Director of the Office of National Security, while Kim Yong-hyun was selected to replace Shin in September 2024.

The 27 December 2024 unsealed indictment of Kim Yong-hyun revealed that President Yoon met with former Minister Kim, Commander Yeo, and others about 10 times since March 2024 to discuss the imposition of martial law.

Warnings of a plot to declare martial law

In October 2021, years before the declaration of martial law, Yoon made complimentary remarks about the former authoritarian military dictator of South Korea, Chun Doo-hwan. The remarks came during a meeting with People Power Party officials in Busan, during which Yoon said that "many people still consider Chun as having done well in politics, except the military coup and the Gwangju Uprising", later adding that he believed even people in Honam, the geographic area including Gwangju, felt the same way.

In September 2024, three months before the martial law declaration, some DPK politicians began suggesting that Yoon was preparing martial law. Party leader Lee Jae-myung alluded to "speculation about martial law preparations" in his remark, saying that Yoon appointing Kim Yong-hyun as Defense Minister was a part of a martial law strategy to prevent Kim Keon-hee from going to prison. Kim Min-seok, member of the party's Supreme Council, stated "I have well-founded reasons to believe that the conservative Yoon administration is drawing up a contingency plan to declare martial law". The Presidential Office dismissed this claim as "groundless". People Power Party floor leader Choo Kyung-ho also denied the possibility of martial law, saying "Such theories ... are no more than scare tactics and propaganda based purely on imagination".

Kim Min-seok justified his prediction of a martial law declaration by Yoon, by adding, he was "one of the people who obtained information and reported that the government was preparing to invoke martial law during the impeachment of President Park Geun-hye" in 2016, despite denials by the Park government at the time. A document was produced in secret by the Defense Security Command (now the DCC) in February 2017 that considered invoking martial law in anticipation of continued street protests if Park Geun-hye was not removed by the Constitutional Court. The 67-page document titled "Wartime Martial Law and Joint Action Plan", contained specific plans including mobilizing tanks to suppress candlelight protests in Gwanghwamun in the event that the impeachment of Park was dismissed, and arresting and detaining lawmakers to prevent the National Assembly from reaching the quorum required to lift martial law if lawmakers attempted to do so (similar to the martial law plans of 2024).
Several South Korean Ministers of National Defense have had major roles in either martial law or self-coups, with the most notable examples being Song Yo-chan; who declared martial law and demanded the resignation of President Syngman Rhee, and Chung Ho-yong; who had complicity in the Gwangju Uprising. During his confirmation hearing for Minister of National Defense at the National Assembly on 2 September 2024, Kim Yong-hyun was asked by members of the opposition as to whether he would declare martial law or recommend Yoon to do so. He dismissed this, saying "I think talk about martial law is out of date; if it is declared, who would accept it? Do you think the military would even follow the order?" Kim was also questioned on his close personal ties with Yoon. Yoon and Kim have known each other since high school, however DPK lawmaker Choo Mi-ae claimed at the hearing that they have known each other since elementary school. Kim took office as Minister of National Defense on 6 September. Over the following three months, he allegedly planned military rule under martial law.

Following the botched martial law implementation, Kim Min-seok cited the Yoon administration's usage of the term "anti-state forces", and Yoon appointing his fellow Chungam High School alumni as high-ranking figures in his administration and the military, as indications of Yoon's ulterior motive for martial law. He added that Yoon's government "is so bad at governance that they have no way of preventing their replacement other than martial law, terrorism, and mobilizing the legal system against their opponents".

Documents obtained by Choo Mi-ae showed that the DCC had prepared documents and other related material on declaring martial law following orders from its commander, Lieutenant General Yeo In-hyung, in November 2024. Police investigators also found that Defense Intelligence Command chief Major General Moon Sang-ho, his predecessor, Roh Sang-won and former military police commander of the 3rd Field Army Command Kim Yong-gun also met at a Lotteria fast food restaurant in Ansan on 1 December to discuss preparations for the declaration.

The "Chungam faction" whom Yoon appointed to high ranking positions and cited as having a role in the martial law declaration were:
* Minister of National Defense Kim Yong-hyun
* Lieutenant General Yeo In-hyung, commander of the Defense Counterintelligence Command
* Major General Park Jong-seon, commander of the Defense Security Agency (known as 777th Intelligence Command) of the Defense Intelligence Agency
* Lieutenant General Lee Jin-woo, commander of the Capital Defense Command
* Minister of the Interior and Safety Lee Sang-min

If Park An-su is part of the Chungam faction is unknown.

The Chungam faction has been compared to the Hanahoe faction of former dictator Chun Doo-hwan and his successor Roh Tae-woo.

Attempts to provoke North Korean crisis to justify martial law

In May 2024, North Korea began sending balloons loaded with trash into South Korea in response to balloons launched into the north by South Korean organization Fighters for a Free North Korea. In October, North Korea accused the South Korean military of flying propaganda leaflet-scattering drones over Pyongyang, which the South Korean military said they were unable to confirm.

In December, citing a source from within the military, Park Beom-kye, a member of the National Defense Committee of the National Assembly, claimed Defense Minister Kim Yong-hyun orchestrated the drone incident to stoke tension with the North, and that the DCC took a hands-on role in the incident. Lee Ki-heon of the Intelligence Committee said he had confirmed a report that Kim Yong-hyun instructed Chairman of the Joint Chiefs of Staff Admiral Kim Myung-soo to "fire warning shots and then strike the origin of sewage balloons flying from the North", though a spokesperson for the Joint Chiefs of Staff denied this. Lee said Yoon and Defense Minister Kim were trying to provoke a "local war" in order to justify martial law. Admiral Kim refused the order and was verbally abused by Defense Minister Kim. Lee suspected this led Defense Minister Kim to select Army Chief of Staff Park An-su for martial law commander instead, as Admiral Kim would have been the default choice.

On 1 December, two days before martial law was declared, colonel-level commanders were called to be on guard for an imminent provocation by North Korea, with DCC Commander Yeo In-hyung giving orders to prepare for a "serious North Korean filth balloon situation".

During police investigations into the martial law declaration, a memo was recovered from a notebook owned by former Army Maj. Gen. Roh Sang-won, former chief of the Defense Intelligence Command, in his residence in Ansan. The memo reportedly contained details of a plot to provoke North Korea by generating an incident along the Northern Limit Line. On 14 February 2025, the ''Hankyoreh'' reported that the notebook included, in addition to the North Korean plans, plans for detaining about 500 public figures and abolishing term limits to allow Yoon to potentially serve 3 terms.

Martial law powers and past occurrences

Martial law was a recurring tool used by military leaders to suppress dissent and consolidate power in South Korea's authoritarian, dictatorial past until the end of the Fifth Republic of Korea with the June Democratic Struggle of 1987, when South Korea transitioned to democracy under the Sixth Republic.

This was the first time martial law had been declared in South Korea since the 1980 military coup d'état after the assassination of dictator Park Chung Hee, and the restoration of civil liberties in 1987. This was the 17th since the foundation of the republic in 1948.

According to the Martial Law Act, the declaration of martial law or alteration in its nature by the President shall undergo deliberation by the State Council. The Minister of National Defense or the Minister of the Interior and Safety may suggest the declaration of martial law to the President through the Prime Minister.

Under Article 77 of the constitution, the president must immediately notify the National Assembly when declaring martial law. This enables special measures to be taken, including reducing the need for arrest warrants and restricting freedom of speech, the press, assembly, and association. The National Assembly can force the president to lift martial law by a simple majority vote. The president has no authority to suspend the Assembly by any means, and "during the enforcement of martial law, no member of the Assembly shall be arrested or detained unless he/she is caught in the act of committing a crime".

Events

Events on 3 December before the martial law declaration

On the morning of 3 December, former Army Maj. Gen. Roh Sang-won, former chief of the Defense Intelligence Command met with Defense Minister Kim at his official residence, for a meeting lasting 20 to 30 minutes. In the afternoon, Minister Kim instructed Army Chief of Staff, Gen. Park An-su, and five other military officials to report to his office at 21:30.

At 17:00 KST, units of the Republic of Korea Army Special Warfare Command, including the 707th Special Mission Group, 1st Special Forces Brigade, and the 13th Special Mission Brigade received orders to prepare for operations at an isolated area. The 707th SMG received a message to prepare for the conduct of a real-world operation by helicopter, and deployment on orders of Defense Minister Kim. They were told "The situation related to North Korea is serious", though an anonymous official reported there had been no movements by the North Korean military.

At 18:20, Korean National Police Commissioner Cho Ji-ho reportedly received an order from the Presidential Office to "be on standby". At a subsequent committee inquiry by the National Assembly, Cho claimed he did not know the martial law plan until its announcement. However, subsequent investigations revealed that Cho, and Seoul Metropolitan Police Agency Commissioner General Kim Bong-sik met with Minister Kim and President Yoon at 19:00, and the two police officials were given a list of about 10 people to be arrested along with plans to occupy the National Assembly and National Election Commission via a martial law declaration at 22:00.

At 21:50, broadcasting networks received a message saying, "There will be an emergency government announcement, please connect to the live broadcast". However, journalists covering the Presidential Office were barred from entering the briefing room, where such broadcasts are normally made.

Just before declaring martial law, Yoon reportedly told his cabinet members; "Even my wife doesn't know about this. Otherwise, she'd be furious."

Declaration of martial law

At 22:23 on 3 December, Yoon Suk Yeol began making his emergency address to the nation, and at 22:27, declared martial law. He accused the opposition of being an "anti-state... den of criminals" and "trying to overthrow the free democracy" by impeaching members of his cabinet and blocking his budget plans. He asked citizens to believe in him and tolerate "some inconveniences", and also claimed that there was a North Korean conspiracy against the South Korean government.

Prime Minister Han Duck-soo was allegedly sidelined in the decision-making process leading up to the martial law declaration, and discussions were kept private between Yoon and Defense Minister Kim Yong-hyun. Kim urged Yoon to enact martial law during a cabinet meeting shortly before the official declaration that ran from 22:17 to 22:22, in which a majority of the 19 cabinet members were "strongly against" the decision. Yoon also reportedly ordered finance minister Choi Sang-mok to draft a budget for an emergency legislative body which was to have been created during the martial law declaration. and ordered interior minister Lee Sang-min to cut off electricity and water supplies to left-leaning media outlets critical of Yoon, specifically the ''Hankyoreh'', the ''Kyunghyang Shinmun