Japan and Korea Programme
&
Centre for Comparative and Public Law
Faculty of Law, The University of Hong Kong
What’s Wrong with President Yoon’s Self-Coup on 3 December 2024?
A Constitutionalist’s Perspective on the Event and Future Prospects
19 February 2025 (Wednesday), 5:30 – 7:00 PM Hong Kong Time via Zoom &
In-Person: Academic Conference Room, 11/F Cheng Yu Tung Tower, HKU
On 3 December 2024, South Korean President Yoon Seok Yeol abruptly declared martial law. He attempted to introduce comprehensive political suppression, including banning the political activities of the national and local assemblies and political parties, and strictly regulating human rights such as freedom of political expression. Martial law troops and collaborating police attempted to block and infiltrate the National Assembly, which the Constitution manifestly excludes from martial law mandate by giving the Assembly the conclusive authority to lift martial law. It was also subsequently revealed that President Yoon and the martial law headquarters attempted to occupy the National Election Commission and to arrest a number of important political figures and judges.
All of these activities were in violation of the Korean Constitution and the Martial Law Act, leading to a ‘self-coup’ or insurrection. Thanks to the courageous resistance of Korean citizens and the swift reaction of wise members of the National Assembly, President Yoon’s self-coup attempt was stopped in time and he was impeached by the National Assembly on 14 December 2024. Yoon was arrested for insurrection on 15 January 2025.
This lecture will provide a three-step analysis of President Yoon’s self-coup in terms of Korean constitutionalism. First, Prof. Kim will begin with an explanation of the institutional arrangements by introducing the main features of Korean constitutionalism. Second, he will try to assess the procedural and substantive problems of the 3 December declaration of marital law and its implementation. Third, he will try to diagnose the reasons for this reckless disruption of the constitutional order and to look into the future of Korean constitutional democracy from a constitutionalist’s point of view.
About the Speaker
Professor Jongcheol Kim teaches constitutional law at Yonsei University School of Law in Seoul, the Republic of Korea. He has served as the 5th President of Korean Association of Human Rights Law, the 40th President of Korean Public Law Association and the 10th President of Korean Society for Media Law, Ethics and Policy Research. He has taken part in a variety of public and private professional activities, including being Vice-Chairperson of the Special Advisory Committee for Peoples’ Constitution affiliated to the Presidential Advisory Commission on Policy Planning, a witness and advisor for the Constitutional Court and National Assembly, and a policy advisor for a variety of government institutions and NGOs on constitutional affairs and issues. He studied at Seoul National University for his LL.B. and LL.M. and at London School of Economics and Political Science (LSE) for his LL.M. and Ph.D. in Law.
Registration is required for this HYBRID event. Please register ONLINE to reserve your place.