[12.3 Martial Law One Year] Our Democracy Rewritten on the Darkest Night

One Year Ago and the Challenges We Face Today
Democracy Protected by Politicians and Citizens
One Year On, Constitutional Amendment Talks Remain at a Standstill

Editor's NoteThe "12·3 Martial Law" cast a long shadow over modern Korean history. The past year, marked by the passage of the presidential impeachment bill in the National Assembly, the Constitutional Court's upholding of the impeachment, and an early presidential election, was a period of anxiety and confusion, mixed with expectation and hope. While it showcased the remarkable resilience of "K-democracy" to the world, cracks of hatred and hostility divided society. This article examines the challenges and lessons that the events of that day have left for our society.

#Over the Wall. "All I could think was that the country was doomed. For the first time, I climbed over a wall and ran, and in that moment, I even forgot that I was visually impaired." Assemblywoman Seo Mihwa of the Democratic Party of Korea was solely focused on entering the main chamber during martial law. She pushed her way to the main gate of the National Assembly, but when blocked by the iron gate, she felt her way up and climbed over it. She did not have time to think about fear or exhaustion. With help from those around her, she crossed the wall and, holding the hand of her colleague, Assemblywoman Lim Mi-ae, sprinted with all her might. She became one of the first lawmakers to reach the main chamber during martial law.

#Slippers. Seol Dongchan, aide to Assemblyman An Taejun of the Democratic Party, couldn't stop thinking about the fact that he had rushed out wearing slippers. Working late at the office, he heard that lawmakers were being blocked by police from entering the National Assembly and ran out. After successfully opening a path, he learned that a helicopter was landing on the National Assembly field and ran again. From the plaza to the field, and back to the main building, that night he literally stood against the martial law troops with his own body. Each time he was pushed and fell, he had to search for his slippers that had flown off into the distance. The reason the main chamber was not breached that night was thanks to the determination to protect democracy, the unspoken agreement with uniformed personnel to prevent bloodshed, and the presence of many citizens who came to the scene.

#The Street. "If citizens hadn't blocked the military from outside, the troops would have come in all at once and we would have been overwhelmed." Shocked by the news of martial law, citizens dropped everything and rushed to the National Assembly. They physically blocked the movement of the military, who were carrying weapons and ammunition. In fact, the prosecution's indictment stated that "citizens blocked the path of the bus carrying the Special Task Force advance team, or even crawled under the bus to prevent its entry." On that cold winter night, the martial law troops were stopped in their tracks by people lying under the bus wheels, daring them to try. That night, citizens stayed up watching live broadcasts on their phones and other devices. Thanks to all those who protected the National Assembly, martial law was able to be lifted that night.

As President Yoon Suk-yeol declared martial law, citizens gathered in front of the National Assembly in Yeouido, Seoul, on the 4th, urging the lifting of martial law. Photo by Kang Jinhyung

If not for those who stood guard on the night of December 3 last year, our ordinary daily lives would not exist. History is never won for free. That night, we rewrote democracy. One year after martial law, Korean politics has navigated moments of crisis to arrive at this point. Former President Yoon Sukyeol, the figure behind the martial law, was impeached after two voting attempts in the National Assembly and was finally indicted. He became the first sitting president to be arrested, and after being removed from office by the Constitutional Court, is now on trial for insurrection. The People Power Party, which was the ruling party, lost the presidential by-election and became the opposition. Lee Jaemyung, who was the leader of the Democratic Party at the time, was elected as the new president. Although there were moments that shook the foundations of democracy, such as the riots in the Seoul Western District Court and extreme conflicts surrounding the presidential impeachment trial, over the past year, democracy has demonstrated a rapid capacity for recovery.

President Yoon Sukyeol declared martial law on the night of the 3rd, and in the early morning of the 4th, martial law troops are attempting to enter the National Assembly main building. Photo by Kim Hyunmin

Now, it has become much more difficult for a president to arbitrarily declare martial law than in the past. In July of this year, the Martial Law Act was revised, making it mandatory to undergo Cabinet deliberation and submit meeting minutes to the National Assembly before declaring martial law. Even under martial law, lawmakers can no longer be restricted from entering the National Assembly. Even detained lawmakers are allowed to attend plenary sessions. This has addressed the institutional vulnerability regarding the National Assembly's constitutional power to lift martial law.

However, more fundamentally, there remains the task of revising the constitutional order itself. There were calls to amend Article 77 of the Constitution, which allows for the declaration of martial law during peacetime, but this was postponed amid the political turmoil of the post-impeachment presidential election. Calls to reform the imperial presidency gained traction. There is now a certain consensus on the need to restructure the power system-such as introducing a four-year double-term or consecutive-term presidency and a decentralized prime minister-to distribute power more broadly, but political confrontation has stalled constitutional amendment discussions.

In his message on Constitution Day last July, President Lee Jaemyung said, "Just as we change our clothes with the seasons, it is time to revise and refine our Constitution to fit the new reality," adding, "I hope the National Assembly, as the representative of the people, will take the lead in the grand journey toward a 'people-centered constitutional amendment.'" However, as of the first anniversary of martial law, constitutional amendment discussions remain at a standstill.

As President Yoon Suk-yeol declared martial law, citizens gathered in front of the National Assembly in Yeouido, Seoul, on the 4th, urging the lifting of martial law. Photo by Kang Jinhyung

The extreme confrontation between the ruling and opposition parties has not eased since December last year; in fact, it has only deepened. The Democratic Party, now the ruling party, refers to the People Power Party as "insurrectionists," while the People Power Party labels the Democratic Party as "dictators." This "coexistence of hostility" continues to this day.