The special prosecutor, Cho Eun-seok
The special prosecutor investigating allegations of insurrection and foreign collusion tied to South Korea’s December 3 declaration of martial law has formally concluded its work, sending shockwaves through the country’s political and legal establishment. After a 180-day investigation, more than 20 individuals—including former President Yoon Suk Yeol—have been indicted and now face criminal trials.
At a final press briefing on Friday, Special Prosecutor Cho Eun-seok said investigators determined that Yoon and his inner circle began planning the imposition of martial law as early as October 2023—more than a year before it was ultimately declared.
According to Cho, the plan involved using the military to suspend political activity and shut down the National Assembly, South Korea’s legislature. Prosecutors say the group intended to replace parliament with an emergency legislative body, seize legislative and judicial authority, neutralize political opponents, and entrench power through force.
“This was not a spontaneous response to a crisis,” Cho said. “It was a calculated attempt to monopolize state power.”
A Massive Investigation
The special prosecutor’s office was launched in June with a staff of 238, drawing personnel from the national prosecution service, the Corruption Investigation Office for High-Ranking Officials, the police, the Ministry of National Defense, and the Board of Audit and Inspection.
Over six months, prosecutors indicted 24 people directly, or 27 in total when cases coordinated with military prosecutors are included. Eleven arrest warrants were sought; five were granted.
Yoon himself—identified by prosecutors as the ringleader—was indicted three times on charges including obstruction of official duties, treason-related offenses, and perjury. Other defendants include former prime ministers, cabinet ministers, senior presidential aides, military intelligence chiefs, and sitting lawmakers.
Planning Began “More Than a Year in Advance”
Investigators say the preparation for martial law began well before any immediate political crisis. Evidence cited includes handwritten notes from a former military intelligence commander, phone memos from the head of military counterintelligence, and testimony from multiple insiders.
According to prosecutors, Yoon and then–Defense Minister Kim Yong-hyun agreed to declare martial law after the national parliamentary elections—regardless of the outcome—and discussed operational details in advance.
Cho said dissenting voices were sidelined. Former Defense Minister Shin Won-sik, who strongly opposed the plan, was replaced, and military commanders were repeatedly told that martial law was both necessary and backed by the president’s full authority.
Attempting to Manufacture a Pretext
Perhaps most striking for international observers, prosecutors concluded that Yoon’s camp lacked a legitimate justification for martial law and attempted to manufacture one.
According to Cho, officials carried out “abnormal military operations” designed to provoke a response from North Korea, hoping to create a national security emergency that could justify suspending constitutional governance.
From October 2024 onward, South Korea reportedly sent drones into Pyongyang and escalated psychological operations. But North Korea did not respond militarily—partly due to its involvement in the war in Ukraine—and South Korea’s Joint Chiefs of Staff reportedly resisted escalation.
When that strategy failed, prosecutors say the focus shifted inward.
Framing Political Opposition as “Enemies of the State”
The special prosecutor said Yoon and his allies portrayed routine legislative activity by the opposition-controlled National Assembly as an “anti-state” conspiracy amounting to insurrection.
Notes recovered by investigators outlined plans that included:
- dismantling “all left-wing forces” ahead of the next presidential election,
- amending the constitution,
- stripping voting rights,
- blocking budget transfers to parliament,
- creating and funding an emergency legislative body,
- cutting electricity and water to major media outlets,
- sealing off the opposition party headquarters, and
- compiling arrest lists for politicians and deploying arrest teams.
Prosecutors also cited statements allegedly made by Yoon demonstrating deep hostility toward political opponents, including remarks about exercising “emergency supreme authority” and verbal attacks branding rivals as communists.
Prosecutors: The Goal Was Absolute Power
In the end, Cho said, the motive was clear.
“Yoon Suk Yeol and others declared martial law by portraying the political situation as governmental paralysis,” he said, “with the goal of using military force to seize legislative and judicial power, eliminate political opposition, and monopolize and maintain authority.”
What Comes Next
With the investigation complete, responsibility now shifts to the courts. Of 249 cases reviewed, 215 were resolved during the special prosecutor’s term; the remainder have been transferred to the National Police Agency for further investigation.
The special prosecutor’s office will downsize and transition into a litigation-support role, maintaining indictments through trial.
Meanwhile, South Korea’s ruling Democratic Party argues the investigation did not go far enough—particularly regarding allegations of foreign collusion—and is calling for a second special prosecutor.
Former President Yoon had already been indicted by regular prosecutors in January on charges of leading an insurrection. That trial has been underway since April, with a first-instance verdict expected early next year.
For South Korea, the case represents one of the gravest constitutional crises since democratization—and a rare instance in which a former president faces allegations of attempting to overturn civilian rule through military force.
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