South Korea: Short-lived martial law decree signal of civic space regression under President Yoon

South Korea’s civic space remains rated as ‘narrowed’ in the new People Power Under Attack report published by the CIVICUS Monitor on 4th December 2024. Among the civic space concerns documented previously are the targeting of unions, restrictions and investigations of civil society groups working on North Korea, press freedom and the right to privacy.

On 3rd December 2024, South Korean President Yoon Suk Yeol declared martial law. The president accused the main opposition party of sympathising with North Korea and of 'anti-state' activities, citing a motion by the opposition Democratic Party, which has a majority in parliament, to impeach top prosecutors and reject a government budget proposal.

The decree (Martial Law Command Proclamation No. 1) temporarily put the military in charge and gave them powers to restrict fundamental freedoms. The decree prohibited all political activities, including the operations of the National Assembly, local assemblies, political parties, political associations, gatherings and protests, and fake news, manipulation of public opinion, and false incitement. Acts of social disruption, such as strikes, slowdowns or gatherings were also prohibited. All media and publications were subject to the control of the Martial Law Command.

Police vehicles barricaded the front gate of the National Assembly, while dozens of armed soldiers entered the building. Martial law troops forcibly entered the National Assembly’s main building by breaking a window.

Despite this, lawmakers gathered at the National Assembly, with some forced to climb the walls after being blocked by military troops and police. They worked swiftly to block the martial law decree in the hours after Yoon’s declaration, with 190 of the 300 members of parliament voting to overturn the measure, despite Yoon’s order to have police and soldiers forcibly remove them. Six hours later, Yoon announced he would comply and lift the martial law order.

Following mass protests, Yoon was impeached by the National Assembly on 14th December 2024 for his unconstitutional attempt to impose martial law. His powers were immediately suspended, and the prime minister assumed the role of acting president. The impeachment case will now be reviewed by the Constitutional Court, which has up to 180 days to decide if Yoon violated the Constitution or laws to a degree warranting removal. If upheld, Yoon will be formally removed from office, triggering a presidential election within sixty days.

The ruling People Power Party (PPP) has seen its leadership resign en masse following Yoon’s impeachment, where 12 of its members also voted against the president.

Yoon is facing investigations on three fronts: an impeachment trial by the Constitutional Court, a criminal probe by prosecutors, and a joint inquiry by police, the Corruption Investigation Office for High-ranking Officials (CIO), and the Defence Ministry’s investigation unit. He is accused of inciting insurrection, treason, and abuse of power, among other charges.

Authorities have so far arrested former Defence Minister Kim Yong-hyun; Lt. Gen. Yeo In-hyung, head of the Defence Counterintelligence Command; Lt. Gen. Kwak Jong-keun, head of the Army Special Warfare Command; Lt. Gen. Lee Jin-woo, head of the Capital Defence Command; and Gen. Park An-su, the army chief of staff who served as martial law commander.

Previously, in June 2024, CIVICUS had published a report about the erosion of civic freedoms since President Yoon Suk-yeol took office in May 2022, especially actions taken to stifle the media, freedom of expression and to target trade unions.

Journalists have been targeted with defamation charges since President Yoon came to office and some feared arrest following the martial law decree. In November 2024, the authorities briefly detained students from the Pukyong National University in Busan for holding a signature campaign against the government and detained protesters at a large-scale trade union rally in Seoul. A peace activist was also barred from entering the country.

Expression

Journalist feared being targeted following martial law decree

According to a report by VOA, there is emerging evidence to suggest Yoon’s martial law forces were meant to target at least some media outlets and journalists who were critical of his conservative government.

Soon after the decree went into effect, Kim Ou-joon, a liberal broadcaster and fierce Yoon critic, posted footage showing about 20 armed soldiers standing outside his office in central Seoul. Kim, whose YouTube channel has about 1.7 million subscribers, said he went into hiding, fearing for his life.

Hong Jang-won, ex-deputy director of South Korea's spy agency, testified to a parliamentary intelligence committee that Kim was among those facing arrest orders alongside prominent politicians and a union official, according to panel member Kim Byung-kee.

At least two South Korean newspapers reported that Yoon had instructed Cho Ji-ho, the commissioner-general of the Korean National Police Agency, to occupy several organisations, including MBC, one of the country’s largest broadcasters, which has also been the target of defamation charges by Yoon and his ruling party.

Kwon Hyuk-cheol, a defense correspondent for the left-leaning Hankyoreh newspaper, was working a night shift when martial law was declared. About 20 minutes after the decree went into effect, military police at the ministry ordered journalists to leave the press room. When he refused, an officer who claimed to be "just following orders" threatened to use his taser, Kwon told VOA.

More than two years after President Yoon was elected, press freedom has deteriorated in South Korea. The country has dropped in global press freedom rankings. There have been raids on media outlets such as Joongang Tongyang Broadcasting Company (JTBC) and online news outlet Newstapa as well as the homes of journalists. Defamation charges have also been filed against the media by Yoon’s administration and his political allies.

Indictments against campaign spokesperson and journalists for defaming Yoon

In August 2024, the Seoul Central District Prosecutor’s Office indicted a former presidential campaign spokesperson for opposition leader Lee Jae-myung and two journalists - affiliated with the cable channel JTBC and Repoact - for allegedly defaming President Yoon Suk Yeol during the last presidential race. The indictment was part of a broader investigation by prosecutors into alleged defamation against Yoon during the presidential race.

Reporter Kang Jin-gu from the outlet New Tamsa was indicted in September 2024, for defaming Yoon. New Tamsa had reported questions about the appropriateness of Yoon’s and then-Minister of Justice Han Dong-hoon’s participation in late-night drinking sessions with a major South Korean law firm. Reporter Kang Jin-gu conducted follow-up interviews with those involved. Prosecutors had twice sought arrest warrants for Kang but these attempts were dismissed.

Students detained for holding signature campaign against the government

Allegations of South Korean President Yoon Suk-yeol and first lady Kim Keon-hee’s interference in political nominations had prompted organised and widespread demands for the president to step down.

On 9th November 2024, around 200 police officers were deployed on the campus of Pukyong National University in Busan, where students and the school administration blocked the placement of “voting booths” as part of a nationwide signature campaign to vote out the Yoon Suk-yeol administration.

The booths were put in place by students and the groups Busan University Student Kyoreh Hana and University Student Action for the Resignation of Yoon Suk-yeol, which previously submitted a demonstration notice to Busan’s Nambu Police Station announcing that the petition campaign would be held on campus between 7th November and 5th December.

When the university moved to block the petitioning, the students staged a sit-in strike in protest. The police were then deployed after a report from the university. Nine students were ultimately taken to the Nambu Police Station for refusal to comply with an order to disperse. They were ultimately released the following day.

Peace activist barred from entering country

Korean-American peace activist Christine Ahn, co-founder of feminist peace groups Women Cross DMZ - a movement mobilising peace on the Korean Peninsula - and Korea Peace Now, was barred from boarding an Asiana flight to South Korea from Honolulu on 30th October 2024. South Korean immigration authorities had issued an entry ban against her.

Ahn was born in South Korea and emigrated to the US when she was 3 years old. However, her parents are buried in South Korea and she has family there.

She was scheduled to give a keynote speech on 2nd November 2024 at the International Youth Forum Peace Leader 2024. It was hosted by the Gyeonggi Peace Education Center in Paju, Gyeonggi Province. Ahn also planned to meet with Korean journalists, scholars, peace activists, members of the National Assembly, and officials from the United States and Canadian embassies in Korea.

In 2017, Ahn received a similar entry ban from the conservative Park Geun Hye administration, citing national interests and public safety. Two years earlier, in May 2015, Ahn organised the Women's March for Peace on the Korean Peninsula across the DMZ with some 30 female peace activists.

Peaceful Assembly

Police detain protesters at large-scale trade union rally in Seoul

On 9th November 2024, police apprehended 11 protesters during a large-scale rally against the Yoon Suk Yeol government in downtown Seoul. According to the Seoul Metropolitan Police Agency, they were taken into custody on charges of obstructing official duties.

The rally, organised by the Korean Confederation of Trade Unions (KCTU) - one of the country's largest labor unions - took place near Deoksu Palace in Jung District, central Seoul. It drew some 30,000 protesters, according to police. The KCTU claimed the crowd size was around 100,000.

Participants at the rally held banners demanding Yoon's resignation. The KCTU released a statement on the same day, accusing the Yoon government of provoking the conflict by “interfering with a peaceful rally.” It also claimed that police used excessive force to detain union members and that many union members were taken to hospital with injuries. According to the union, one member was transported by ambulance with broken ribs, while another member - an elderly woman - suffered from suffocation.