President Yoon Suk Yeol's recent declaration of martial law has led to South Korea's most significant constitutional crisis since the late 1980s, culminating in his impeachment by the National Assembly. This makes him the third South Korean president to face suspension through such a vote.
The uncertainty surrounding the nation’s political future remains unresolved, as Mr. Yoon's fate now lies with the Constitutional Court, which is expected to make a decision within the next six months regarding his reinstatement or formal removal.
In addition to impeachment, Mr. Yoon is facing a criminal inquiry, marking the first instance of a sitting South Korean president being investigated. He has been prohibited from leaving the country while police and prosecutors investigate allegations of insurrection related to his decision to deploy armed troops into the National Assembly earlier this month.
The martial law decree issued by Mr. Yoon on December 3 lasted only six hours but caused significant public outrage, reminiscent of South Korea's history of military dictatorship. Opposition lawmakers argued that his actions constituted insurrection, aiming to prevent a vote against the decree.
An initial impeachment vote on December 7 failed due to a boycott by Mr. Yoon’s party, which claimed he should be given a chance to resign. However, in the subsequent vote, 204 lawmakers supported impeachment while 85 opposed it, with 12 from Mr. Yoon’s party joining the opposition.
The criminal investigations focus on the use of armed troops in the National Assembly. Col. Kim Hyun-tae, who led the deployment, stated he was instructed to forcibly remove lawmakers to prevent a quorum necessary to repeal martial law. Under South Korean law, insurrection is defined as an attempt to overthrow government bodies or impede their functions by force. If convicted, Mr. Yoon could face severe penalties, including the death penalty or life imprisonment.
Mr. Yoon has expressed that he declared martial law out of "desperation" due to opposition actions that he claimed paralyzed his government. However, legal experts argue that his reasons do not justify such a declaration, which he failed to properly notify the National Assembly about, as required by law.
In a recorded speech following his impeachment, Mr. Yoon vowed to fight for his reinstatement in court, highlighting his accomplishments during his presidency, including strengthening military ties with the United States and Japan. He emphasized his determination to not give up.
The Constitutional Court will determine within 180 days whether Mr. Yoon is guilty of the charges against him and if they warrant removal from office. Should he be formally removed, a new election will be held within two months.
During Mr. Yoon's suspension, Prime Minister Han Duck-soo will serve as the interim leader. As he is not an elected official, Mr. Han will lead without substantial political authority during a critical time for South Korea, facing challenges such as North Korea's nuclear threats and the potential return of Donald Trump to the White House.
While awaiting the court's decision, Mr. Yoon is also under scrutiny from investigators, with uncertainty about when he will be questioned or if an arrest will be attempted. The travel ban imposed on him is often regarded as a precursor to arrest.