One year after Yoon, martial law trials continue

It has been one year since former President Yoon Suk-yeol declared martial law on Dec. 3 last year. Yoon was later removed from office by a unanimous decision of the Constitutional Court and is currently on trial on charges of leading a rebellion.

Over the past year, 23 individuals, including former President Yoon Suk-yeol, former Prime Minister Han Duck-soo, senior Cabinet members, and top military and police officials, have been indicted for allegedly participating in the unlawful martial law. Fifteen current and former generals are facing trial. They include former Defense Minister Kim Yong-hyun, who planned and oversaw the martial law while serving as head of the Presidential Security Service; former Capital Defense Command chief Lee Jin-woo, who deployed troops to the National Assembly and the National Election Commission on the day martial law was declared; former Defense Counterintelligence Command chief Yeo In-hyung; and former Army Special Warfare Command chief Kwak Jong-geun.

Four senior police officials, including former National Police Chief Cho Ji-ho and former Seoul Metropolitan Police Chief Kim Bong-sik, who mobilized police forces to block the National Assembly and the National Election Commission, have also been indicted. In addition, three high-ranking government officials who attended the martial law Cabinet meeting, including former Minister of the Interior and Safety Lee Sang-min and former National Intelligence Service Director Cho Tae-yong, are facing prosecution.

It has also emerged that former President Yoon discussed taking “emergency powers” as early as November 2022, just six months into his term. According to the indictment filed by the special prosecutor on ordinary treason charges, Yoon reportedly told the People Power Party leadership at a dinner, “I have emergency powers. I will sweep everything away.” Beginning in late March last year, ahead of the 22nd National Assembly elections, Yoon met with military officials once or twice a month, mentioning “emergency powers” on at least nine occasions.

Unresolved questions remain even a year after the declaration of martial law. Yoon has claimed that the measure, which can only be enacted in wartime or national emergency situations, was intended as a warning against alleged abuses by the Democratic Party. The special prosecutor has dismissed this explanation as lacking credibility. Investigators believe the measure was instead aimed at consolidating power amid the emergence of multiple scandals, including the Myeong Tae-gyun case and allegations involving Kim Keon-hee.

As investigations by the three major special prosecutor teams conclude at the end of this year and early next year, the Democratic Party has suggested it may establish an additional team. On December 3, President Lee Jae-myung issued a special statement and announced plans to host a luncheon with the heads of the five government branches.


고도예 기자 yea@donga.com