South Korea Revises Martial Law Guidelines to Strengthen Democracy

In a decisive move to fortify democratic institutions, South Korea's National Assembly has approved revisions to the nation's martial law guidelines. The amendments, passed on July 3, 2025, explicitly prohibit any attempts to obstruct lawmakers from entering the National Assembly and require prior approval from the Assembly Speaker before military or police can access the premises. This legislative action responds directly to the events of December 3, 2024, when then-President Yoon Suk Yeol declared martial law, leading to a six-hour standoff as lawmakers forcibly entered the assembly building to overturn the decree.

The December 2024 crisis began when President Yoon, citing threats from pro-North Korean forces, declared martial law. This unprecedented move resulted in significant political turmoil. Lawmakers were physically blocked from entering the National Assembly by security forces. Determined to uphold democratic processes, they scaled walls and forcibly entered the building to convene a session, during which they voted to nullify the martial law declaration. The National Assembly subsequently initiated impeachment proceedings against President Yoon, accusing him of unconstitutional actions and rebellion. He was impeached on December 14, 2024, and arrested on January 15, 2025. The Constitutional Court upheld his impeachment on April 4, 2025, removing him from office.

The newly approved revisions to the martial law guidelines include:

• Prohibition of Obstructing Lawmakers: Explicitly forbidding any attempts to hinder lawmakers from accessing the National Assembly.

• Controlled Access by Military and Police: Mandating that military and police forces must obtain prior approval from the Assembly Speaker before entering the National Assembly premises.

These measures are designed to protect the integrity of legislative processes and prevent the recurrence of incidents where the executive branch might attempt to undermine the legislature's authority.

National Assembly Speaker Woo Won-shik emphasized the importance of these amendments, stating, "We must ensure that such breaches of democratic norms never occur again. These revisions are a testament to our commitment to uphold the principles of our Constitution."

Former President Yoon defended his martial law declaration as an act of governance intended to maintain order, stating it was not an act of rebellion.

The legislative revisions have profound implications for South Korea's democracy:

• Reinforcement of Democratic Norms: By clearly delineating the boundaries of military and police authority concerning the legislature, the amendments reinforce the principle of separation of powers.

• Prevention of Executive Overreach: The changes serve as a safeguard against potential future attempts by the executive branch to undermine the legislative process through force or intimidation.

• Public Confidence: These actions may restore public trust in democratic institutions by demonstrating a commitment to upholding constitutional processes and preventing abuses of power.

This is the first time since the 1980s that South Korea has faced a martial law declaration, making the December 2024 events unprecedented in the country's modern democratic history. The swift legislative response underscores the resilience of South Korea's democratic institutions.

The National Assembly's recent amendments to the martial law guidelines represent a significant step in fortifying South Korea's democratic framework. By addressing the vulnerabilities exposed during the December 2024 crisis, these revisions aim to prevent future abuses of power and ensure the integrity of the nation's legislative processes.