(Seoul) – The South Korean National Assembly’s 204 to 85 vote to impeach President Yoon Suk-yeol on December 14, 2024 after his rejected imposition of martial law has reinforced democratic rule and checks and balances in South Korea, Human Rights Watch said today.
All 300 National Assembly lawmakers participated in the vote, with 204 votes in favor, 85 against, three abstentions, and eight invalid votes. The National Assembly charged the president with directing the military and police to obstruct the assembly from voting to overturn his decree; attempting to take over the National Election Committee; and arresting political leaders, current and former judges, journalists, and members of civil society.
“Yoon Suk-yeol’s impeachment reflects the broad support among South Koreans for the rule of law and democracy,” said Elaine Pearson, Asia director at Human Rights Watch. “Yoon’s impeachment should encourage South Korea’s political leaders to recommit to democratic institutions and upholding human rights and civil liberties.”
The National Assembly impeached Yoon in response to his short-lived declaration of martial law on the evening of December 3, during which he attempted to ban all political activities and suspend due process rights and freedoms of speech and assembly. Yoon sent soldiers into the National Assembly to arrest political leaders and to stop lawmakers from voting to lift the decree.
In announcing martial law, Yoon contended that it was justified because of opposition efforts to impeach members of his cabinet and obstruct the budget, and due to unspecified threats from North Korean communist forces. Yoon repeated these claims in a televised speech on December 11, saying that his decree was a legitimate exercise of his constitutional powers, akin to conducting foreign policy, and so did not amount to insurrection.
The South Korean constitution allows a president to declare martial law only during “war, armed conflict, or similar national emergency.”
In his December 11 speech, Yoon stated that he had not intended to stop the National Assembly from lifting martial law under article 77 of the constitution – a critical check on potential abuses of power that it exercised on the night of December 3. But testimony by military officers ordered to carry out his decree contradicted his claim.
In a news conference on December 12, an army special forces commander, Col. Kim Hyun-tae, who led the special forces team that stormed the National Assembly on December 3, said he had received orders from senior military commanders to prevent more than 150 National Assembly members – the number required to repeal martial law – from gathering.
The head of South Korea’s police agency, Cho Ji-ho, testified in the National Assembly on December 9 that on the evening of December 3 the armed forces asked the police to help them locate and detain 15 people, including the leaders of the biggest political parties. He also said that several hours before declaring martial law, Yoon ordered him to occupy the newsrooms of several media organizations, including MBC, one of South Korea’s largest broadcasters and a repeated target of criminal defamation charges by Yoon and his allies.
The former deputy director of South Korea’s National Intelligence Service testified that he was ordered to arrest a broadcaster and a union official, as well as several political leaders, including a sitting judge who had ruled in favor of Yoon’s political opponent, a former chief justice of the Constitutional Court, and other political leaders. Martial law troops also occupied the National Election Commission’s offices and confiscated the phones of five election officials.
On December 8, a special police investigation team arrested Yoon’s former defense minister, Kim Yong-hyun, on charges of insurrection. On December 11, the team arrested Cho on the same charge, along with another senior police official.
South Korean law defines insurrection as any attempt to “overthrow government organs established by the Constitution or to make the exercise of their functions impossible by using force.”
As investigations into the events of December 3 continue, the Constitutional Court will now decide whether to uphold the impeachment vote. A police raid on the president’s office on December 11 suggests he may also be charged with insurrection.
The proceedings should be fair and impartial and ensure due process, Human Rights Watch said.
Yoon’s actions reflect a culmination of his administration’s assault on the country’s democratic institutions and human rights, Human Rights Watch said. In 2022, Yoon campaigned for president on an anti-feminist platform, rejected the existence of systematic gender discrimination, and pledged to abolish the Ministry of Gender Equality and Family. Once in office, his administration eroded human rights protections for women and girls; lesbian, gay, bisexual, and transgender people; racial minorities; migrants; older people; and people with disabilities.
While in office, Yoon also directed police and prosecutors to attack political opponents, unions, and journalists, eroding the rights to freedom of expression, association, and assembly that his martial law decree nearly suspended.
“Events in South Korea since December 3 have highlighted the crucial role democratic institutions play in preventing abuses of power and protecting the rule of law,” Pearson said.
