Opposition parties submit a motion to impeach South Korea’s President Yoon over sudden power grab

South Korea’s opposition parties on December 4 submitted a motion to impeach President Yoon Suk Yeol over the shocking and short-lived martial law that drew heavily armed troops to encircle parliament before lawmakers climbed walls to reenter the building and unanimously voted to lift his order.

Impeaching Yoon would require the support of two-thirds of parliament, and at least six justices of the nine-member Constitutional Court would have to endorse it to remove him from office. The motion, submitted jointly by the main liberal opposition Democratic Party and five smaller opposition parties, could be put to a vote as early as December 6.

Yoon’s senior policy advisers and Defense Minster Kim Yong Hyun offered to resign as the nation struggles to make sense of what appeared to be a poorly-thought-out stunt. The Democratic Party on December 4 submitted a separate motion to impeach Kim, who it alleged recommended the martial law declaration to Yoon.

In his speech announcing the abrupt order on December 3, Yoon vowed to eliminate “anti-state” forces and continued to criticize the Democratic Party’s attempts to impeach key government officials and senior prosecutors. But martial law lasted only about six hours, as the National Assembly voted to overrule Yoon before his Cabinet formally lifted it around 4:30 a.m.

The Democratic Party, which holds a majority in the 300-seat parliament, said on December 4 that its lawmakers decided to call on Yoon to quit immediately or they would take steps to impeach him.

“President Yoon Suk Yeol’s martial law declaration was a clear violation of the constitution. It didn’t abide by any requirements to declare it,” a party statement said. “His martial law declaration was originally invalid and a grave violation of the constitution. It was a grave act of rebellion and provides perfect grounds for his impeachment.”

WHAT HAPPENS IF YOON IS IMPEACHED?

Impeaching him would require support from 200 of the National Assembly’s 300 members. The Democratic Party and other small opposition parties together have 192 seats. But the rejection of Yoon’s martial law declaration in a 190-0 vote included the votes of 18 lawmakers from Yoon’s ruling People Power Party, according to National Assembly officials. PPP leader Han Dong-hun and Seoul Mayor Oh Se-hoon, also a member, criticized Yoon’s martial law declaration.

Cho Jinman, a professor at Seoul’s Duksung Women’s University, said it is highly likely that lawmakers will back Yoon’s impeachment motion given that some from the ruling party already voted down his edict.

If Yoon is impeached, he’ll be stripped of his constitutional powers until the Constitutional Court rules. Prime Minister Han Duck-soo, the No. 2 position in the South Korean government, would take over his presidential responsibilities. Han issued a public message pleading for patience and calling for Cabinet members to “fulfill your duties even after this moment.”

The Constitutional Court has only six incumbent justices following three retirements. That means all six must approve Yoon’s possible impeachment motion for it to succeed. They include those appointed after Yoon took office, so the Democratic Party is expected to speed up the process of exercising its rights to recommend two of the three new justices.

Yoon’s martial law declaration, the first of its kind in more than 40 years, harkened to South Korea’s past military-backed governments when authorities occasionally proclaimed martial law and other decrees that allowed them to station combat soldiers, tanks and armored vehicles on streets or at public places like schools to prevent anti-government demonstrations. Such scenes of military intervention had not been seen since South Korea achieved a democracy in the late 1980s until December 3.

DRAMATIC HOURS AT THE PARLIAMENT

After Yoon’s declaration, troops carrying full battle gear, including assault rifles, tried to keep protesters away from the National Assembly as military helicopters flew overhead and landed nearby. One soldier pointed his assault rifle at a woman who was among protesters outside the building demanding that the martial law be lifted.

It was not clear how the 190 lawmakers were able to enter a parliamentary hall to vote down Yoon’s martial law decree. Opposition leader Lee Jae-myung and National Assembly Speaker Woo Won Shik were seen climbing over walls. As troops and police officers blocked some from entering, they did not aggressively restrain or use force against others.

No major violence has been reported. The troops and police personnel were later seen leaving the grounds of the National Assembly after the parliamentary vote to lift the martial law. Woo said: “Even with our unfortunate memories of military coups, our citizens have surely observed the events of today and saw the maturity of our military.”

Under South Korea’s constitution, the president can declare martial law during “wartime, war-like situations or other comparable national emergency states” that require the use of military force to restrict the freedom of press, assembly and other rights to maintain order. Many observers question whether South Korea is currently in such a state.

The constitution also states that the president must oblige when the National Assembly demands the lifting of martial law with a majority vote.

A presidential official said that Yoon decided to impose martial law as a way to resolve a political deadlock and did it in the middle of night to minimize its negative impacts on the economy. The official requested anonymity to discuss sensitive nature of the issue.

Some experts say Yoon clearly violated the constitution in how he imposed martial law. While martial law allows “special measures” to restrict individual freedoms and the authority of agencies and courts, the constitution does not permit the functions of parliament to be restricted. But in following Yoon’s declaration on December 3, South Korea’s military proclaimed parliamentary activities were suspended and deployed troops to try to block lawmakers from entering the National Assembly.

Park Chan-dae, the Democratic Party’s floor leader, called for Yoon to be immediately investigated on charges of rebellion over the way he deployed troops to the parliament. While the president mostly enjoys immunity from prosecution while in office, the protection does not extend to alleged rebellion or treason.

In Washington, the White House said the U.S. was “seriously concerned” by the events in Seoul. A spokesperson for the National Security Council said President Joe Biden’s administration was not notified in advance of the martial law announcement and was in contact with the South Korean government.

In Seoul, the streets seemed busy like a normal day on December 4. Tourist Stephen Rowan, from Brisbane, Australia, who was touring Gyeongbokgung Palace, said he was not concerned at all.

“But then again, I don’t understand too much about the political status in Korea,” he said. “But I hear they are now calling for the current president’s resignation, so … apparently there’s going to be a lot of demonstrations. … I would have been concerned if martial law had stayed enforced.”

Natalia Slavney, research analyst at the Stimson Center’s 38 North website that focuses on Korean affairs, said Yoon’s imposition of martial law was “a serious backslide of democracy” that followed a “worrying trend of abuse” since he took office in 2022.