Special prosecutor says martial law aimed at power grab, and now it is judiciary's turn

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Special prosecutor says martial law aimed at power grab, and now it is judiciary's turn

Published: 16 Dec. 2025, 00:00

Audio report: written by reporters, read by AI

Special prosecutor Cho Eun-seok announces the final results of the investigation into the Dec. 3 emergency martial law case involving allegations of insurrection and foreign collusion at the Seoul High Prosecutors’ Office in Seocho District, Seoul, on Dec. 15. [JOINT PRESS CORPS]

The special prosecutor team led by Cho Eun-seok has announced the results of its investigation into former President Yoon Suk Yeol’s declaration of martial law on Dec. 3, concluding that the move constituted crimes of insurrection and foreign collusion. In a briefing, Cho said Yoon declared martial law “with the aim of monopolizing and maintaining power by using force to seize control of the legislative and judicial branches.” The team dismissed the claims by Yoon’s camp that the decree was meant as a “wake-up call” to the public, instead characterizing the episode as a “palace coup.”

The findings include several notable elements. According to investigators, Yoon began preparing for martial law as early as October 2023, during senior military personnel appointments, well before last April's 22nd general election. The team also presented evidence that Yoon sought to exploit a period of political uncertainty between the U.S. presidential election and Washington's inauguration of a new administration.

Particularly shocking was the allegation that military intelligence officers prepared baseball bats, awls and hammers to violently coerce staff members of the National Election Commission to fabricate evidence of election fraud ahead of the general election. At the same time, the special prosecutor suggested that the declaration of martial law may have been motivated in part by an attempt to mitigate what it described as “spouse-related risks.” The team drew a clear line, however, stating that no direct link had been confirmed between the martial law decree and former first lady Kim Keon Hee.

The investigation began in mid-June and, after two extensions, lasted a total of 180 days. A combined 238 personnel were deployed. Seven suspects were taken into custody, and 27 individuals were indicted, three of whom were prosecuted by military authorities. Court proceedings were broadcast live for the first time in Korea’s history. Of the 249 cases transferred from the special task force on martial law under the National Police Agency, 34 were returned. Park Ji-young, a deputy special prosecutor, said that the cases sent back accounted for “a very small number,” and that most offenses within the special prosecutor’s jurisdiction had been fully investigated.

Despite this, Jung Chung-rae, the leader of the Democratic Party, said the motives behind the alleged insurrection and suspicions of foreign collusion had not been sufficiently clarified and announced plans to pursue a second comprehensive special investigation. But another probe risks the Democratic Party appearing to go too far. It could invite suspicion that the ruling party intends to politically exploit the insurrection through next year's local elections. Doubts over fairness have also grown after Jung said allegations involving the Unification Church would not be included in any second probe, raising concerns of selective justice.

Now it is the judiciary's turn. A first-instance ruling scheduled for January in the case of former Prime Minister Han Duck-soo, charged as a key participant, will serve as the first judicial test of whether the martial law declaration constitutes insurrection under criminal law. Park emphasized that the full truth will ultimately be determined by court rulings. Politics should step back and allow the judiciary to decide, guided by law and conscience.

This article was originally written in Korean and translated by a bilingual reporter with the help of generative AI tools. It was then edited by a native English-speaking editor. All AI-assisted translations are reviewed and refined by our newsroom.