Home > Opinion > Columns

Deposed first couple brought special counsel on themselves

Published: 06 Jun. 2025, 00:02

Kang Joo-an

The author is an editorial writer at the JoongAng Ilbo.

In a Facebook post reflecting on the Dec. 3 martial law crisis, the late political commentator Yoo Chang-sun recalled what he witnessed that night. “On the helmets of martial law troops storming the National Assembly, I saw night vision goggles. I thought, so they’ve cut the electricity and are going in to drag lawmakers out.”

Nine days later, then President Yoon Suk Yeol mentioned power and water shutoffs in a statement. “Had there been an intent to paralyze the National Assembly,” he said, “the first move would have been to cut power and water to the building and restrict broadcast transmission.”

As President Yoon Suk Yeol declared martial law on the evening of December 3, 2024, martial law troops enter the main building of the National Assembly in Seoul in the early hours of December 4. [YONHAP]

That remark gained renewed scrutiny after Fire Agency Commissioner Heo Seok-gon testified in January that then-Minister of the Interior and Safety Lee Sang-min told police to cooperate if media outlets became targets of power or water cuts. Lee later claimed he had called the fire commissioner after seeing a note at the presidential office referencing such shutdowns and wished to ensure public safety.

Six months after the crisis, key facts remain unclear — largely due to Yoon and his allies' refusal to cooperate with investigators. Yoon declined to testify during questioning by the Corruption Investigation Office for High-ranking Officials and repeatedly avoided further questioning while in pretrial detention, citing medical appointments. The court had to assess his actions based on limited testimony.

Yoon’s most elaborate defense came during his final statement before the Constitutional Court on February 25, where he argued that the martial law measures were a symbolic appeal to the public. “How can there be a two-hour rebellion?” he asked. Had even one or two justices found that convincing, the outcome might have changed.

Instead, all eight participating justices unanimously rejected his account. In their ruling, they repeatedly concluded that Yoon’s claims were “hard to believe.”

They pointed to the implausibility of Yoon denying he had ordered then-Special Warfare Command chief Kwak Jong-geun to remove lawmakers. If no such order had been given, the court noted, there would have been no reason for Kwak and Col. Kim Hyun-tae to discuss entering the National Assembly building with troops. Similarly, former Capital Defense Command chief Lee Jin-woo would have had no reason to tell his subordinates to move inside the legislature if Yoon had not issued such an instruction. The court also dismissed Yoon’s claim that the martial law declaration was a mere formality, noting that if there had been no intention to enforce it, a curfew provision would not have been deleted.

Even former Defense Minister Kim Yong-hyun testified that the martial law was intended to be executed.

Despite this, the full picture remains murky. It remains unknown what might have happened had authorities detained key figures such as now President Lee Jae-myung, former People Power Party leader Han Dong-hoon, former Chief Justice Kim Myeong-su, or former Justice Kwon Soon-il. Court testimony continues to bring new revelations. On May 26, former airborne brigade commander Lee Sang-hyun testified that during a martial law video call, Yoon had said, “Try cutting the power.” This echoed the fear Yoo Chang-sun had described before his death.

Instead of clarifying events, Yoon fought the investigation, claiming the special prosecutor’s office lacked jurisdiction over sedition charges. That position ultimately strengthened the case for a special counsel. Former first lady Kim Keon Hee, who previously summoned prosecutors to an offsite location citing security concerns during the Dior handbag controversy, also refused to appear for questioning over allegations she influenced candidate nominations, citing the presidential election.

Now, with the passage of three special counsel bills on June 5, both Yoon and Kim face investigations by teams that could include up to 120 prosecutors. Had Yoon accepted a special counsel law while still in office, he could have at least helped select the prosecutors. That opportunity has now passed.

Former President Yoon Suk Yeol and his wife Kim Keon Hee greet supporters as they leave the presidential residence in Hannam-dong, Yongsan District, central Seoul, and head to their private home in Seocho-dong on April 11, 2025. [JOINT PRESS CORPS]

Yoon told the court that he could have spent five quiet years in office and enjoyed the privileges of a retired president. He claimed declaring martial law was a painful decision. If he indeed believed it was a sacrifice, he should stop insisting his version is credible — especially after the Constitutional Court found otherwise — and come clean about what really happened, particularly regarding arrests and power cuts.

He owes that to the subordinates whose reputations were destroyed for following his orders. They should not also be forced to carry the label of liars.

Translated from the JoongAng Ilbo using generative AI and edited by Korea JoongAng Daily staff.