BANGKOK, Thailand (8 April 2025) – The Asian Forum for Human Rights and Development (FORUM-ASIA) welcomes the decision of the South Korean Constitutional Court to uphold the impeachment of President Yoon Suk Yeol.

“This ruling is a critical step in reaffirming South Korea’s commitment to the rule of law and democracy. It sends a strong message that the illegal declaration of martial law cannot be justified under any circumstances,” said Mary Aileen Diez-Bacalso, Executive Director of FORUM-ASIA.

FORUM-ASIA urges Acting President Han Duck-soo and the incoming government to take decisive action to restore and strengthen democratic institutions. This includes comprehensive legal and institutional reforms that not only amend the martial law provisions, but also ensure the full protection of freedoms of expression and peaceful assembly.

What happened

On 4 April 2025, the Constitutional Court upheld the motion of impeachment against Yoon. 

With Yoon’s removal, a presidential election must be held within 60 days, presumably on 3 June. Han Duck Soo will remain in charge as acting president until the election result is announced. National Assembly Speaker Woo Won-shik also stated intentions to review the Constitution to curb presidential powers.  

On 3 December 2024, President Yoon declared emergency martial law in an unprecedented attempt to suppress the majority-opposition parliament. The decree banned all political activities, silenced dissent, restricted media freedoms, and criminalized public protests and strikes. 

Although voted out by the parliament shortly after the martial law announcement, Yoon’s actions sparked widespread condemnation, raising concerns over South Korea’s deteriorating democratic space. A series of protests happened around the National Assembly. Network outages reportedly happened, affecting social media access, thereby impacting people’s freedom of expression and right to access information. 

Yoon was then suspended through the parliament’s impeachment motion. Prime Minister Han Duck-soo then served as acting president, but was briefly suspended by the parliament and replaced by the Deputy Prime Minister Choi Sang-mok before being reinstated by the Constitutional Court.

Concerns over independence of  National Human Rights Commission of Korea

Civil society expressed concerns over the National Human Rights Commission of Korea’s (NHRCK) continued support for President Yoon Suk Yeol despite his Martial Law declaration. 

On 10 February 2025, NHRCK commissioners passed a controversial resolution advocating for the protection of the president’s right to defense during his impeachment trial.  Civil society argued that the NHRCK’s decision undermined the Commission’s independence and credibility by lending legitimacy to the President’s undemocratic martial declaration. 

The NHRCK leadership also attempted to undermine the Constitutional Court’s authority throughout the impeachment trial. The  Chairperson, for example, criticized the Constitutional Court in his letter to the United Nations Office of the High Commissioner for Human Rights where he echoed the same arguments put forward by Yoon’s defense attorney. In a Facebook post, Commissioner Kim Yong-won appeared to incite violence against members of the Constitutional Court in the event of an unfavourable ruling. 

Despite protests and attempted resignations, the Commission is yet to issue a formal condemnation or initiate an investigation into the human rights violations committed during the state of emergency. 

Civil society noted how Yoon’s martial law measures severely violated people’s rights, including press freedom as well as freedoms of expression and peaceful assembly. Citizens faced arbitrary arrests, detention, and warrantless searches in direct contravention of international human rights standards and South Korea’s constitutional principles.

Following such concerns, the Sub-Committee on Accreditation of Global Alliance of National Human Rights Institutions (GANHRI-SCA) initiated a special review of the NHRCK’s “A-status” accreditation. 

By upholding Yoon’s impeachment, the Constitutional Court was met with public cheers but also opposition from supporters of the beleaguered leader. 

Nevertheless, this ruling proves that democracy and the  rule of law are very much alive in South Korea, providing inspiration across Asia and beyond. 

Call to action

FORUM-ASIA urges the South Korean Government to establish transparent and independent governance mechanisms to prevent future human rights violations. Likewise, it should ensure accountability for past abuses. 

The government should promote inclusive political participation to prevent any future attempts to undermine the country’s democratic progress.

FORUM-ASIA–alongside the Asian NGO Network of National Human Rights Institutions (ANNI) and Korean civil society–urges the NHRCK to uphold its “A-status” by adhering to the Paris Principles. To do this, the Commission must reaffirm its independence and immediately investigate and publicly oppose all forms of abuses linked to martial law.

South Korea should seize this opportunity to reinforce its democratic foundations and uphold the fundamental rights and freedoms of its people.

 

This post was originally published on FORUM-ASIA.