South Korea’s opposition parties move to impeach president over sudden declaration of martial law

People hold candles during a candlelight vigil against South Korean President Yoon Suk Yeol in Seoul, South Korea, Wednesday, Dec. 4, 2024. (AP Photo/Lee Jin-man)

SEOUL, South Korea (AP) — South Korea’s opposition parties moved Wednesday to impeach the president over the shocking and short-lived declaration of 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 Suk Yeol 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. The motion to impeach, submitted jointly by the main liberal opposition Democratic Party and five smaller opposition parties, could be put to a vote as early as Friday.

Yoon’s senior policy advisers and Defense Minster Kim Yong Hyun offered to resign as the nation struggled to make sense of what appeared to be a poorly conceived stunt. The Democratic Party submitted a separate motion to impeach Kim, who allegedly recommended the martial law declaration to Yoon.

In his speech announcing the abrupt order Tuesday night, 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, ending after the National Assembly voted to overrule Yoon and his Cabinet formally lifted it before daybreak Wednesday.

Democratic Party lawmakers, who hold a majority in the 300-seat parliament, called on Yoon to quit immediately or they would take steps to impeach him.

Yoon'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. The order “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 National Assembly members. The Democratic Party and other small opposition parties together have 192 seats. But they could seek additional votes from Yoon’s ruling conservative People Power Party.

The 190-0 vote that rejected martial law included the votes of 18 lawmakers from the PPP, according to National Assembly officials. Party leader Han Dong-hun and Seoul Mayor Oh Se-hoon, also a member, criticized Yoon's martial law declaration.

If Yoon is impeached, he will be stripped of his constitutional powers until the Constitutional Court rules. Prime Minister Han Duck-soo, who holds the No. 2 position in the South Korean government, would take over 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 the impeachment motion for it to succeed. The court includes justices appointed after Yoon took office, so the Democratic Party is expected to speed up the process of exercising its right to recommend two of the three new justices.

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

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 wasn’t 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 didn’t aggressively restrain or use force against others.

No major violence was 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 Yoon decided to impose martial law to resolve a political deadlock and did it in the middle of night to minimize its effect on the economy. The official spoke on condition of anonymity because of the sensitive nature of the issue.

Some experts say Yoon clearly violated the constitution. 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 Tuesday, the South Korean military proclaimed that 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 allegations of rebellion or treason.

In Seoul, the streets were busy Wednesday, like a normal weekday.

Tourist Stephen Rowan, from Brisbane, Australia, who was touring Gyeongbokgung Palace, said he was not concerned. He heard about calls for the president’s resignation and expected demonstrations.

"I would have been concerned if martial law had stayed enforced,” he said.

Natalia Slavney, research analyst at the Stimson Center’s 38 North website, which 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.

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Associated Press Writer Jennifer McDermott contributed to this report.

Hyung-jin Kim And Kim Tong-hyung, The Associated Press

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