South Korea, a nation often celebrated for its economic success and democratic progress, is now grappling with one of the most significant political crises in its recent history. The impeachment of President Yoon Suk Yeol in December 2024, following his controversial declaration of martial law, has exposed deep-rooted tensions in governance. As authorities attempt to arrest the impeached leader, the events highlight the fragility and rule of law in South Korea, raising questions about the resilience of its democratic institutions.

The Historical Shadow of Martial Law

Martial law has long been a contentious issue in South Korea. The infamous Gwangju Uprising of 1980, where military forces violently suppressed pro-democracy demonstrations, remains a painful reminder of the dangers of unchecked executive power. Indeed, this history amplifies public distrust of martial law declarations and underscores the need for transparent governance.

President Yoon’s decision to impose martial law in early December 2024, citing vague national security threats by attributing them as “North Korea’s communist forces,” revived these fears. Citizens argued that the move lacked sufficient justification, prompting widespread protests.

These demonstrations mirrored the spirit of South Korea’s Candlelight Revolution in 2016, demonstrating the resilience of its civil society in demanding accountability and upholding democratic norms.

Protests: Lack of Evidence and Growing Distrust

The government’s failure to provide evidence justifying martial law further fueled public outrage. The lack of transparency led to accusations of authoritarian overreach, prompting citizens to take to the streets. Protesters and legal experts alike questioned whether the declaration adhered to constitutional principles, revealing the fragility and rule of law in South Korea, according to The Guardian.

These events emphasize the importance of strengthening democratic processes to ensure that emergency powers are not misused. Furthermore, transparency and accountability remain critical in rebuilding public trust in South Korea’s institutions.

Presidential Impeachment and Challenges in Arrest

President Yoon’s impeachment marked a turning point in this crisis. However, his subsequent refusal to cooperate with law enforcement has highlighted significant flaws in the country’s legal framework. On December 31, 2024, a South Korean court issued an arrest warrant for Yoon, citing his alleged abuse of power and unconstitutional actions. Yet, attempts to detain him have faced resistance.

The first arrest attempt on January 3, 2025, resulted in a standoff at Yoon’s residence, with presidential guards preventing investigators from entering. Authorities suspended their efforts, seeking a warrant extension as the original expired on January 6, 2025. A renewed warrant was issued on January 7, but Yoon has continued to evade arrest.

Yoon Suk Yeol has avoided arrest due to his security team’s resistance and the strong support of loyalists rallying outside his residence, BBC reports. Despite losing his powers, Yoon’s security detail blocked police attempts, citing loyalty. The political stalemate reflects broader legal uncertainties and deep divisions within South Korea.

Strengthening Rule of Law in South Korea

The political turmoil in South Korea has underscored the urgency of safeguarding democratic institutions and upholding the rule of law. During this critical period, organizations like People’s Solidarity for Participatory Democracy (PSPD), Transparency International Korea, and the Asia Democracy Network (ADN) have stepped up to address the crisis, advocating for accountability, reform, and the resilience of democracy.

The PSPD, an NGO that engages “in various democratic movements for participatory democracy and human rights,” hailed the impeachment of President Yoon Suk-yeol as a victory for the people. The organization emphasized that the National Assembly’s decision reflected public outrage over unconstitutional actions, including attempts to suspend democratic institutions. In their statement, PSPD called for President Yoon’s arrest and thorough investigation, declaring:

“Today’s passage of the impeachment motion is the result of the people’s firm determination to not recognize as the head of state someone who has thrown away the democracy and constitutional order they have worked so hard to achieve,” PSPD stated on its website.

Transparency International Korea

Transparency International Korea aims to “raise greater awareness in people, to eliminate the widespread corruption in the society, and to contribute in building a righteous society through anti-corruption activities.” It condemned Yoon’s declaration of martial law, labeling it unconstitutional and a grave assault on democracy. Its statement read: “Democracy is a system where diverse political groups coexist through negotiation and compromise. President Yoon’s rhetoric, labeling opposition as ‘anti-state forces,’ undermines the core values of a democratic society.

Furthermore, Transparency International Korea has called for Yoon’s resignation and impeachment to restore trust in South Korea’s democratic framework.

ADN aims to “promote and advance democratization and democratic governance at all levels of society through effective solidarity and cooperation among civil society organizations and democracy advocates in Asia.” It has expressed solidarity with South Korean citizens, applauding their dedication to defending democratic principles. ADN emphasized the broader significance of the crisis, stating: “This moment serves as a reminder of the collective responsibility to defend and nurture democracy across Asia and the world.”

Together, these organizations highlight the path forward: addressing systemic weaknesses, fostering accountability, and ensuring public trust in South Korea’s democratic processes.

Resilience Amid Crisis: A Hopeful Future

The fragility and rule of law in South Korea have been severely tested but also reinforced through civic action and institutional accountability. However, with President Yoon Suk-yeol now arrested and accountability measures underway, South Korea stands at a pivotal moment in its democratic history.

By supporting the efforts of organizations like PSPD, Transparency International Korea, and ADN, South Korea can turn this crisis into an opportunity for reform and progress. Indeed, this moment serves as a powerful reminder of the collective responsibility to protect democracy—not only in South Korea but across Asia.

Through resilience, collaboration and a commitment to justice, the nation can emerge stronger, reaffirming its place as a leader in democratic governance and the rule of law.

– Mmanoko Faith Molobetsi

Mmanoko is based in Pretoria ,South Africa and focuses on Good News and Politics for The Borgen Project.

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