The Recent December 3 Martial Law Controversy and the Heightened Political-Security Clash
The recent December 3 martial law incident in Korea has escalated into a full-blown clash between political and judicial powers, drawing significant public attention. Reports of the military being dispatched to the National Election Commission (NEC) and testimony alleging an order to “arrest them all” have fueled growing suspicion. Adding to the confusion are the contents of a prosecutorial indictment, as well as revelations by former military commanders and a former National Intelligence Service (NIS) deputy director, leaving many wondering how much of this is true and what repercussions it may have on constitutional order and democracy.
The focal point of the current situation can be examined through the lens of the 5th hearing in the president’s impeachment trial underway at the Constitutional Court. Conflicting testimony continues to emerge about why military forces were dispatched to the NEC on the day martial law was declared. One side argues that “the ballots were so poorly managed that a system check on the NEC’s computer networks was inevitable,” while others question whether the real intention was “to pressure the NEC in order to prove alleged election fraud.” On one hand, former NIS Deputy Director Hong Jang-won insists that “the president personally gave the order to ‘arrest them all.’” On the other hand, figures like former Capital Defense Command (CDC) Commander Lee Jin-woo claim that “no direct arrest order was ever given,” or they have refused to testify—thereby increasing confusion. The prosecutor’s indictment also reveals claims that “the military intended to remove lawmakers from the National Assembly to prevent an official resolution to lift martial law,” putting into question whether the martial law itself was an abuse of power. Moreover, there have been reports that the military was nearly dispatched to polling agencies or even the main hall of the National Assembly—raising the question of how extensive these operations may have been. The president’s statement that “nothing actually happened after martial law was lifted” stands in contrast to the reality that “many commanders and officers have been arrested,” making the facts of the situation even more complex.
The biggest point of contention concerns the constitutional limits on the president’s authority as Commander-in-Chief. At issue is whether sending military forces to public or civilian entities like polling agencies or the NEC could meet the criteria for actual insurrection. Some insist that “the NEC’s networks are vulnerable and the ballot management is faulty,” contending that these issues justify martial law, while others remain firmly opposed. In addition, clarifying whether there truly was an “arrest order for lawmakers” is crucial. Certain testimonies suggest a specific command, such as “break down the doors of the main assembly hall if necessary and drag them out,” while others vehemently deny that any practically enforceable order existed. Several military personnel who oppose the martial law or question its constitutionality have declined to testify—claiming “it’s a matter for criminal proceedings”—thus raising concerns that investigations may stall. The timing and scale of the declared martial law are also hotly disputed. Discrepancies in the prosecutor’s indictment and impeachment trial testimony over who ordered which troops to be deployed—and how much advance planning took place—contribute to ongoing uncertainty. Even within the same conversation, phrases like “take out the legislators” versus “take out the agents” diverge, making it difficult to pin down the facts.
Calls are growing for the Constitutional Court to thoroughly hear every piece of testimony and, if necessary, pursue special investigations or court processes to secure additional concrete evidence in order to uncover the truth. Because the question of whether the martial law was justified lies within an area strictly constrained by the Constitution and law, simply claiming it served as a “peaceful warning” cannot be the end of the discussion. There is also broad support for bolstering independent audits and continuous security checks on the NEC’s IT systems. Even if there were flaws in the election process, having the military directly intervene disrupts the foundation of constitutional governance, underscoring the need for more robust legal safeguards. Enhancing ballot-verification procedures in election litigation and expanding effective oversight bodies could help prevent fraud allegations before they arise. Further, there is a growing voice for clarifying the legal requirements and scope of martial law to prevent the military from overstepping its authority in the future. Ultimately, the recent developments highlight the urgent need for social consensus on how to balance national security with democratic order.
This December 3 martial law controversy starkly illustrates the tension between national security and constitutional order in Korea. Some argue it was an “impulsive decision,” while others suspect it to be a “meticulously orchestrated show of power.” Given how sharply public opinion is divided, the Constitutional Court’s final ruling will inevitably carry significant weight. Many agree that the events of December 3 must be thoroughly investigated and that measures must be introduced to prevent any recurrence, so that democracy remains intact. Only solutions grounded in clear evidence and careful legal scrutiny—rather than rushed conclusions—are likely to be broadly acceptable.
Related Terms
- Martial Law: A special measure that can be declared by the president during a national emergency, allowing the military to assume certain administrative and judicial functions. Because normal democratic processes may be curtailed, the constitutional requirements for imposing martial law are extremely strict.
- Crime of Insurrection: An offense involving violent acts aimed at overthrowing or undermining the Constitution or legitimate state institutions. If the military is used to shut down the legislature and disable its legal authority, this could constitute a serious criminal act.
Referenced News Articles
(For the full list of sources cited in Korean, please refer to the original links provided.)
https://n.news.naver.com/article/028/0002729455,"[Breaking] Yoon: “I instructed Kim Yong-hyeon to deploy the military to the NEC”"
https://n.news.naver.com/article/028/0002729461,"“Even if you have to shoot” / “Order to arrest”: Generals contradict themselves in front of Yoon, says prosecutors"
https://n.news.naver.com/article/666/0000063549,"[Breaking] Hong Jang-won: “President Yoon gave the order to ‘arrest them all’,” reaffirmed"
https://n.news.naver.com/article/656/0000120306,"“He said ‘arrest them all’”… Hong Jang-won acknowledges ‘Yoon’s arrest order’ during impeachment trial"
https://n.news.naver.com/article/656/0000120305,"Yoon: “I ordered the military to the NEC… because of faulty ballots”"
https://n.news.naver.com/article/001/0015191950,"Yoon: “I personally ordered military deployment to the NEC… Cabinet was not informed of the plan to lift it”"
https://n.news.naver.com/article/659/0000030226,"Gwak Jong-geun: “Yes, the President told us to remove ‘lawmakers,’ not ‘agents’”"
https://n.news.naver.com/article/005/0001755300,"Yoon, on military deployment to the NEC: “I gave the order… nothing was seized”"
https://n.news.naver.com/article/469/0000847194,"[Breaking] Yoon: “I directly instructed Kim Yong-hyeon to send troops to the NEC… didn’t know they were from the Intelligence Command”"
https://n.news.naver.com/article/025/0003418570,"Yoon: “I ordered the NEC to be staffed with troops… ballots were a mess”"
https://n.news.naver.com/article/032/0003348998,"[Breaking] Hong Jang-won: “Yoon ordered ‘arrest them all,’ Ye In-hyeong specifically said ‘arrest squad’”"
https://n.news.naver.com/article/009/0005438353,"[Breaking] Hong Jang-won, at impeachment trial, admits ‘Yoon’s arrest order’… “He said ‘arrest them all’”"
https://n.news.naver.com/article/002/0002371383,"Gwak Jong-geun: “It wasn’t ‘agents’ but indeed lawmakers… Did Yoon talk about ‘protecting citizens’? I never heard that”"
https://n.news.naver.com/article/015/0005089527,"Yoon: “The system was a mess… I instructed Kim Yong-hyeon to deploy troops to the NEC”"
https://n.news.naver.com/article/214/0001403545,"“Ye In-hyeong ordered to check the political leanings of military judges” … Opposition: “Were they spying on the judge in the Park Jung-hoon case as well?”"
https://n.news.naver.com/article/214/0001403548,"Day before martial law, Noh Sang-won got a secured phone? … Democratic Party: “Kim Seong-hoon told them to delete the issuance record”"
https://n.news.naver.com/article/055/0001228718,"Hong Jang-won, even in front of President Yoon: “I received an arrest order”"
https://n.news.naver.com/article/088/0000929241,"Lee Jin-woo, former CDC Commander: “President Yoon never gave me an order to arrest”"
https://n.news.naver.com/article/127/0000037118,"During martial law, ‘cutting off electricity and water to certain media’ was directly ordered by President Yoon"
https://n.news.naver.com/article/053/0000048089,"Lee Jin-woo: “No arrest order from Yoon… troop deployment to the National Assembly was a legitimate instruction”"
https://n.news.naver.com/article/422/0000710757,"[Breaking] Hong Jang-won: “I could only believe the arrest list was from the President’s order”"
https://n.news.naver.com/article/029/0002933177,"Yoon: “I ordered the military sent to the NEC… I believed the faulty ballots were problematic”"
https://n.news.naver.com/article/082/0001310273,"Yoon: “I ordered the military to the NEC… because there were so many inaccurate ballots”"
https://n.news.naver.com/article/448/0000506281,"President Yoon: “Nothing actually happened”… denies giving a ‘drag them out’ order"
https://n.news.naver.com/article/657/0000034656,"[Breaking] Ye In-hyeong acknowledges ‘transmitting the arrest list to the police chief’ … President Yoon says “I ordered the military to the NEC”"
https://n.news.naver.com/article/657/0000034652,"[Breaking] Lee Jin-woo, former CDC Commander, finishes testimony… “Did you receive an order from the President?” Mostly refuses to answer under questioning by the National Assembly"
https://n.news.naver.com/article/366/0001051219,"Hong Jang-won, former NIS deputy director: “Yoon told me ‘arrest them all’… I took it literally”"
https://n.news.naver.com/article/081/0003515443,"Hong Jang-won faces Yoon: “He told me to ‘arrest them all’”"
https://n.news.naver.com/article/008/0005148675,"President Yoon: “I ordered the military to the NEC… to see what system they were running”"
https://n.news.naver.com/article/658/0000096218,"[Breaking] Hong Jang-won, in impeachment trial, admits to ‘Yoon’s arrest order’… “He said ‘arrest them all’”"
https://n.news.naver.com/article/658/0000096184,"Yoon: “Nothing actually happened”… denies giving a ‘drag the lawmakers out’ order"
https://n.news.naver.com/article/020/0003613195,"[Breaking] Hong Jang-won admits to ‘Yoon’s arrest order’… “He said ‘arrest them all’”"
https://n.news.naver.com/article/020/0003613191,"[Breaking] Yoon: “I personally instructed Kim Yong-hyeon to send martial law troops to the NEC”"
https://n.news.naver.com/article/119/0002919475,"Prosecutors: “President Yoon ordered cutting electricity and water to specific media during the martial law declaration”"
https://n.news.naver.com/article/031/0000905814,"Yoon: “If martial law is declared, the authorities control the NEC… I ordered the deployment of martial law troops there”"
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This post was written with AI assistance.
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