Fact check: What Yoon did or didn't order during Dec. 3 martial law decree

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Fact check: What Yoon did or didn't order during Dec. 3 martial law decree

Published: 23 Jan. 2025, 19:04 Updated: 30 Jan. 2025, 15:21

CHO JUNG-WOO
[email protected]

Audio report: written by reporters, read by AI

President Yoon Suk Yeol, left, questions former Defense Minister Kim Yong-hyun during his impeachment trial hearing at the Constitutional Court in Jongno District, central Seoul, on Jan. 23. [CONSTITUTIONAL COURT]

President Yoon Suk Yeol denied allegations that he ordered the military to forcibly remove lawmakers from the National Assembly in western Seoul during last month’s brief imposition of martial law.

Yoon rejected the charge during his impeachment trial hearing at the Constitutional Court on Tuesday.

He also refuted claims that he ordered the arrest of politicians, including former People Power Party (PPP) leader Han Dong-hoon and National Assembly Speaker Woo Won-shik. Such denials stand in stark contrast to testimony from military commanders and intelligence officials during parliamentary and prosecutorial interrogations, further deepening the uncertainty and controversy surrounding the martial law declaration.

As suspects, witnesses, lawyers and investigative authorities give conflicting accounts, the Korea JoongAng Daily analyzes some key allegations surrounding the Dec. 3 martial law declaration.

Martial law forces enter the National Assembly compound in Yeouido, western Seoul, on Dec. 4. [YONHAP]

Q. Did Yoon order the military to remove lawmakers from the National Assembly?

A. When questioned by a Constitutional Court justice whether he had ordered military commanders to forcibly remove lawmakers during the third hearing of his impeachment trial on Tuesday, Yoon said, “No.” His attorney also emphasized that the president never ordered the arrest of any political figures, including Han and Woo, calling the allegation of an order to kill Han “absurd.”

Yoon’s attorney argued that the military deployment was intended to “inform the public” about the National Assembly’s alleged actions harming the country and to manage potential crowds gathering in the area following the martial law declaration.

Additionally, Yoon stressed that the National Assembly's vote could not be obstructed, noting that he withdrew the military even though the parliament made a "prompt" decision to lift martial law, which "did not fully comply with the National Assembly Act."

At the fourth hearing on Thursday, former Defense Minister Kim Yong-hyun, who has been indicted over his alleged involvement in the martial law declaration, testified that Yoon did not order the detention of politicians but merely instructed the military to monitor their movements. Kim also acknowledged that while live ammunition was kept within the battalions deployed to the National Assembly, the forces themselves did not personally carry it.

Lt. Gen. Kwak Jong-keun, the former chief of the Special Warfare Command speaks during a parliamentary questioning at the National Assembly in Yeouido, western Seoul, on Jan. 22. [NEWS1]

Following Yoon's remarks, Lt. Gen. Kwak Jong-keun, the former chief of the Special Warfare Command, said during questioning by the National Assembly’s impeachment investigative committee on Wednesday that his earlier testimonies were “evidently true.”

During parliamentary questioning on Dec. 10, Kwak testified that Yoon had ordered him to "break down doors and forcibly remove" lawmakers from the National Assembly compound as "the quorum for the plenary session to lift martial law had not been met."

Lt. Gen. Lee Jin-woo, then-chief of the Capital Defense Command, told prosecutors that Yoon had contacted him twice to remove lawmakers, even questioning why they had not yet been dragged out as more lawmakers gathered at the parliament.

Both Kwak and Lee have been indicted and detained over their alleged involvement in the martial law declaration.

Hong Jang-won, the then-first deputy director of the National Intelligence Service (NIS), testified on Dec. 6 that Yoon ordered the detention of key politicians and officials. Hong claimed he received a list of 10 names from Lt. Gen. Yeo In-hyung, former chief of the Defense Counterintelligence Command.

The list later turned out to contain 14 people, according to Brig. Gen. Kim Dae-woo, head of the Defense Counterintelligence Command’s investigation unit. The list reportedly included National Assembly Speaker Woo Won-shik, then-PPP leader Han Dong-hoon and Democratic Party chief Lee Jae-myung.

How was the martial law decree formulated and was it meant to be executed?

Yoon’s attorney on Tuesday claimed that the martial law decree was issued as a formal procedural measure rather than with the intent of execution, saying that the proclamation was neither designed to be enforced nor capable of being executed.

The decree’s first clause prohibits “all kinds of political activities,” including actions by the National Assembly and political parties. The defense team argued that this clause was intended to curb illegal activities within the National Assembly rather than dismantle its normal functions.

Lawmakers vote on a resolution requesting the lifting of the emergency martial law at the National Assembly in Yeouido, western Seoul, on Dec. 4. [NEWS1]

During Thursday’s hearing, Kim admitted to drafting the decree and described his discussions with Yoon. According to Kim, Yoon had instructed him to remove the clause on curfews, saying curfews cause public inconvenience and are outdated. Kim added that the decree was not meant to disrupt the National Assembly’s legislative process or to prevent the lifting of martial law.

Why was the martial law command sent to the National Election Commission?

Yoon explained that troops were sent to the National Election Commission (NEC) after the martial law declaration to “inspect” its systems, citing concerns arising from an NIS inspection in October 2023. He emphasized that the deployment was not meant to propagate election fraud conspiracy theories but to “verify the facts.”

During the third impeachment hearing on Tuesday, Yoon’s attorney presented photos of ballots allegedly showing signs of tampering, such as ballots in pristine condition or smeared stamps. The attorney claimed these irregularities fueled suspicions of election fraud, which were not addressed by the NEC, courts or investigative authorities, resulting in what he described as a "national emergency."

Footage from the surveillance cameras at the National Election Commission's headquarters shows soldiers taking photos of the commission's data servers on Dec. 3. [NATIONAL ASSEMBLY]

Following the hearing, the NEC dismissed such claims, saying the Supreme Court had previously ruled that minor errors or machinery malfunctions did not constitute evidence of election fraud in July 2022. The ruling was in response to a complaint filed by former Rep. Min Kyung-wook after the 21st general election in 2020. The commission explained that ink smearing could occur if voters used separate ink stamps and that ballots might appear unfolded due to improper folding or prolonged storage. In 2022, while the Supreme Court nullified 294 votes with smeared ink, it did not see them as evidence of fraud.

On Dec. 3, around 300 military personnel were deployed to the NEC headquarters in Gwacheon, Gyeonggi, and its training facility in Suwon for over three hours, with police on standby in case of emergency. Former Defense Minister Kim testified that the military deployment was meant to evaluate "the necessity of investigating election fraud allegations."

The National Assembly’s impeachment investigative committee, the trial’s main plaintiff, has urged the Constitutional Court to disregard election fraud allegations, arguing they are irrelevant to the trial and intended to delay proceedings while undermining trust in elections.

Did Yoon pass on a note to the finance minister to draft a budget for creating an emergency legislative body?

Yoon denied authoring the note during his impeachment trial on Tuesday, claiming he learned of its existence through media reports after martial law was lifted. He suggested that former Defense Minister Kim was likely responsible for writing it, but could not confirm promptly as Kim was arrested before Yoon became aware of the note’s contents.

On Thursday, Kim admitted to drafting the note and said it had been passed to Choi through another official. He described the note as merely a "suggestion of ideas" stemming from discussions with Yoon about ways to prevent the rejection of bills in the National Assembly.

Former Defense Minister Kim Yong-hyun speaks during President Yoon Suk Yeol's impeachment trial at the Constitutional Court in Jongno District, central Seoul, on Jan. 23. [CONSTITUTIONAL COURT]

Finance Minister Choi Sang-mok, the current acting president, testified on Dec. 13 that during a Cabinet meeting just before martial law was declared on Dec. 3, an official standing near Yoon handed him a note to draw up a budget to establish an emergency legislative body. The note, which Choi submitted to the police during an investigation, instructed the drafting of a budget for the emergency body and the reduction of funds allocated to the National Assembly.

BY CHO JUNG-WOO [[email protected]]