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President Yoon Suk-yeol declares emergency martial law during an emergency address from the presidential office in Seoul on the evening of Dec. 3, 2024. (Shin So-young/Hankyoreh)

By Seong Han-yong, senior political writer

In August 2019, Korea’s public prosecutors launched an investigation into Cho Kuk, the nominee for justice minister. Some suspected the investigation was aimed at blocking the prosecutorial reform drive Cho had championed.

Yoon Suk-yeol — then prosecutor-general, and now president of Korea — was criticized by various people as being a “company man.” But Yoon said his true loyalty was not to the prosecution service, but to the Constitution. That, it turned out, was a bald-faced lie.

Korea’s Constitution gives the president the authority to declare martial law. Under martial law, “special measures may be taken with respect to [. . .] the powers of the Executive and the Judiciary” (Article 77, paragraph 3).

By implication, special measures cannot be taken that impinge on the authority of Korea’s legislative branch, the National Assembly.

Korea’s Martial Law Act also specifies that lawmakers are immune to arrest. That’s detailed in Article 13: “During the enforcement of martial law, no member of the National Assembly shall be arrested or detained unless he/she is flagrante delicto.”

But the first paragraph of the decree issued by the martial law command immediately after Yoon declared martial law on Dec. 3 prohibited “all political activity, including the activity of the National Assembly, local legislatures and political parties and political assemblies and demonstrations.”

“They don’t have a quorum to pass a resolution. Break down the doors of the National Assembly, go in there and drag out [the lawmakers],” Yoon said in an order to the special warfare commander.

Yoon’s declaration and implementation of martial law was illegal, a manifest violation of the Constitution. He deserves to be impeached.

It’s imperative that the National Assembly suspend Yoon’s authority with the bill of impeachment this coming Saturday. After that, we can think about the next steps.

Did Yoon’s declaration and imposition of martial law amount to insurrection, or not?

Part 1 of the Criminal Act covers general provisions. The very first chapter of Part 2, which deals with individual provisions, concerns insurrection, a placement signifying the severity of the crime. Article 87 defines insurrection as “violence for the purpose of excluding national power from [. . .] the territory of the Republic of Korea or subverting the Constitution.”

The ringleader of an insurrection “shall be punished by death or imprisonment with or without labor for an indefinite term.”

According to Article 89, even an attempted insurrection deserves punishment.

Article 91 of the Criminal Act defines the act of subverting the Constitution. The definition covers the following two actions: “(1) To extinguish the function of the Constitution or Acts without observing the procedure provided by the Constitution or Acts; (2) To overthrow government organs established by the Constitution or to render the exercise of their functions impossible by force.”

Yoon attempted to halt the functions of the National Election Commission and the National Assembly, both of which were established under the Constitution. That was undeniably an insurrection, of which Yoon was the ringleader.

He ought to be arrested and detained, without any reason for hesitation by the prosecutors, the police or the Corruption Investigation Office for High-ranking Officials. After that, we can think about the next steps.

Questions remain about why on earth Yoon would have so rashly attempted to pull off an insurrection.

I have my suspicions, though. Let’s look once more at what Yoon said during his martial law declaration on Dec. 3: “I declare emergency martial law to defend the free Republic of Korea from the threats of North Korean communist forces and to eradicate the shameless pro-North Korean anti-state forces that are plundering the freedom and happiness of our people and to protect the free constitutional order.”

Yoon couldn’t have faked language of such conviction. These should be regarded as Yoon’s sincere feelings. He was convinced of the righteousness of his crime.

Through his martial law order, Yoon sought to arrest Cho Hai-ju, former member of the standing committee of the National Election Commission, and Yang Jung-chul, former head of the Institute for Democracy, the Democratic Party’s think tank. He also wanted all the commission’s servers seized.

Yoon seems to have fallen for the “fake news” of far-right YouTubers who claimed that the 2020 general election was rigged, as ridiculous as that may sound.

Confirmation bias can turn once sensible people into ignoramuses. Rage is one of the primary symptoms of confirmation bias.

I guess we now know why Yoon lost his temper so much.

It’s frightening, really. It’s something we should all watch out for.

What should Yoon do now? Even he must be aware he can’t avoid detention any longer.

The bigger question is what happens to his presidential office.

Yoon has rejected the ruling party’s proposal that he step down in February or March. He’s determined to face trial at the Constitutional Court after his impeachment. There are even rumors that he’s looking for an attorney to defend him.

The impeachment trial of former President Roh Moo-hyun in 2004 lasted for two months, and the impeachment trial of former President Park Geun-hye in 2016-2017 lasted for about three months.

Yoon’s impeachment trial would presumably take at least two months, as well. During that time, the Korean economy would crash, and its foreign affairs and national security would be jeopardized as well. And if the Constitutional Court fails to uphold the bill of impeachment and remove him from office, the entire nation would rise up in revolt.

The whole country could be ruined by this one man.

Yoon must not let that happen. He needs to step down on his own.

That’s the least he can do for the Korean people. That’s the only way he can save his last remaining shreds of dignity and honor not only as a president, but as a human being.

Here’s hoping he makes the right call.

Please direct questions or comments to [english@hani.co.kr]