Officials of the main opposition Democratic Party of Korea watch President Yoon Suk Yeol’s public address on Dec. 7 at the National Assembly in Seoul. (Yonhap)
With the Dec. 3 martial law decree nullified in just six hours, South Koreans dodged a bullet, possibly quite literally.
Criminal investigations into President Yoon Suk Yeol’s martial law declaration have uncovered plans and details suggesting the situation could have unfolded very differently had the National Assembly failed to stop the president.
What if the attempt had succeeded? What would South Korea look like under Yoon’s martial law?
Here is a scenario based on the martial law decree, the legal powers of the military and the president, actual military actions, and plans as revealed by the testimony of those involved. The content in parentheses describes what actually occurred, according to testimony and reports.
This surveillance footage revealed by the National Assembly shows armed troops deployed at the parliament compound on Dec. 4. (National Assembly)
Parliament under control of martial law forces
(* A police report revealed by local media indicates that the National Police Agency was blocking off the parliament entirely at around 11:37 p.m. Col. Kim Hyun-tae testified he was ordered not to allow more than 150 lawmakers to gather. The police also gave emergency orders for 31 police stations to be on standby, while mobilizing some 1,500 officers to the Yeouido and Yongsan areas.)
Police and military forces dispatched to the National Assembly in Yeouido, Seoul, on Dec. 3-4 initially stopped anyone from entering the compound, while trying to enter the building. The martial law order announced by the Martial Law Command prohibits all political activities, including assembly at the National Assembly.
If martial law had gone as planned and succeeded in blocking off the National Assembly, lawmakers would not have been able to muster the 151 votes to demand martial law be discontinued.
While lawmakers enjoy immunity from arrest without parliament’s consent, they can still be apprehended if caught in an illegal act. Given President Yoon’s martial law decree banned all activities by the National Assembly, legislators who convene could theoretically be considered lawbreakers and face arrest.
Article 9 of the Martial Law Act empowers the martial law commander to conduct arrests, detentions, searches and seizures without a warrant when necessary. It also stipulates that this power be announced in advance, which Yoon’s Martial Law Command did.
The president’s martial law decree, which banned activities by the National Assembly, is widely regarded as an infringement on parliament’s constitutional independence. However, arresting lawmakers that night was theoretically permissible under the Martial Law Act and the related military order.
Politicians and activists arrested
(* Brig. Gen. Kim Dae-woo, chief of the Defense Counterintelligence Command’s investigation unit, testified Tuesday that Commander Yeo In-hyung gave him a list of 14 individuals to be arrested.
The 14 individuals are: National Assembly Speaker Woo Won-shik, Deputy Speaker Lee Hack-young, main opposition Democratic Party of Korea leader Lee Jae-myung, ruling People Power leader Han Dong-hoon, Rebuilding Korea Party leader Cho okuk, DPK floor leader Park Chan-dae, DPK lawmakers Rep. Jung Chung-rae and Kim Min-seok, former Supreme Court Chief Justice Kim Myeong-soo, former National Election Commission member Cho Hai-ju, Korean Confederation of Trade Unions leader Yang Kyung-soo, the former Institute for Democracy chief Yang Jeong-cheol, liberal journalist Kim Ou-joon, and left-leaning activist Kim Min-woong.)
As testified by multiple high-ranking officials of the military and intelligence agencies, the president ordered the arrest of his political rivals, former politicians and government officials linked to the liberal bloc, along with left-leaning activists and journalists. Kim Ou-joon, one of the 14, said the military came to his home late on Dec. 3, and he revealed a video of the soldiers surrounding his studio in the wee hours of Dec. 4.
Kim managed to escape to a remote location and avoided arrest. None of the 14 individuals targeted was actually arrested that night, although testimony indicates that attempts were made. Most of the politicians were gathered at the National Assembly, which the military was prevented from entering.
The military also deployed troops to the National Election Commission but failed to acquire any data from its servers during their brief stay. A longer deployment might have changed this.
The military attempts to enter the National Assembly on Dec. 4. (Yonhap)
Civil rights under martial law
The Martial Law Command explicitly stated that all media and publishing is subject to its control. Furthermore, Article 7 of the Martial Law Act gives it authority over all administrative and judicial matters in the area subject to martial law. No specific attempts to control the media have been found during the six hours martial law was in effect, but the military could theoretically censor any content it deems inappropriate.
A martial law document devised by officials from Yoon’s predecessor Park Geun-hye’s administration suggests that the government and military officials did plan to censor the media. Officials were to monitor content across all media including broadcast, print, foreign and domestic news reports, and even the internet and social media platforms.
The martial law decree ordered striking medical personnel to return to work, many of whom have been participating in a nationwide walkout since February. It said those who do not comply will be subject to severe punishment. Article 9 of the Martial Law Act gives the commander power to arrest and investigate those who violate the decree.
A protest calling for President Yoon Suk Yeol to step down is held in Seoul on Dec. 4. (Yonhap)
While the judiciary functions of the regular courts continue to operate under martial law, Article 10 of the act decrees that crimes ranging from obstruction of public duties and public disturbance to robbery, murder and insurgence are to be tried by military courts.
The martial law decree stated that ordinary citizens would be able to go about their lives with minimal disruption, but they too can be affected by martial law. According to Article 9 of the act, the commander may mobilize or requisition civilian-owned supplies, and can destroy civilian property if military operations require it.
Article 9-2 stipulates that civilians should be compensated for destroyed personal property, but such compensation can be waived if the loss occurred during battle.
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