Did Yoon Overstep? Emergency Martial Law Move Draws Sharp Criticism from Constitutional Scholars

South Korean President Yoon Suk Yeol’s sudden imposition and rapid termination of martial law has sparked intense controversy within the constitutional law community. Experts argue that this action failed to meet constitutional requirements and could be interpreted as abusing executive power.

According to the South Korean Constitution, martial law can only be declared during war or national emergency and must be essential for military purposes or maintaining public order. Critics strongly contend that the recent situation did not meet these criteria.

Cha Jin A, a professor at Korea University’s Law School, stated, “Martial law is a measure reserved for situations where even police forces are unable to maintain order,” suggesting that the current circumstances did not warrant such action. Professor Jang Young Soo cautioned that declaring martial law without a clear provocation, such as an overt threat from North Korea, risks being seen as an abuse of presidential authority.

Seoul National University Law School’s Professor Han In Seop took to social media to argue that the martial law declaration could be grounds for impeachment, as it violates the constitutional order. Furthermore, Professor Son Young Seop of Kyungsung University asserted that imposing martial law in response to delays in budget approval or impeachment proceedings constitutes a grave breach of the constitution.

Attorney Noh Hee Beom, a former official at the Constitutional Court, raised concerns about potential violations of Article 77 of the Constitution and martial law procedures. He explained, “This appears to be an instance of unconstitutional use of state power to resolve a political impasse, which could serve as grounds for impeachment.”

Moreover, calls have emerged to review the martial law declaration’s process and legality thoroughly. A constitutional law professor, speaking anonymously, emphasized the need to examine whether the president’s assessment of the national emergency and subsequent use of power were justified before engaging in further discussions.