South Korea’s Constitutional Crisis: Challenges To Democracy And Stability – OpEd

In 2025  South Korea finds itself at a critical juncture as its democratic institutions are tested by an unprecedented constitutional crisis surrounding President Yoon Suk Yeol’s actions. The crisis began with a dramatic declaration of martial law on 3 December 2023 and has evolved into a high-stakes political and legal battle that only not questions the limits of executive power but also the resilience of the nation’s democratic framework.

At its core, this situation revolves around the Constitutional Court’s decision, which will determine whether President Yoon is permanently removed from office or reinstated. This verdict could lead to a swift presidential election. This essay argues that the crisis marks a defining moment for South Korea, exposing deep-seated political challenges and divisions that threaten the stability of governance. It compels the nation to confront complex issues of authority, as well as constitutional and democratic legitimacy.

The crisis can be traced back to President Yoon’s abrupt declaration of martial law in December 2023, which was ostensibly aimed at countering alleged national security threats. However, the justification for this drastic action was met with widespread skepticism, leading to a reversal of the decision in response to strong opposition from both the National Assembly and the public. This incident not only undermined confidence in the executive branch but also highlighted the vulnerability of the nation’s political system when extreme measures are taken without broad consensus. The dramatic reversal underscored the growing rift between the executive and legislative branches, setting the stage for subsequent actions that polarized South Korean society.

In the wake of the martial law episode, the opposition-controlled National Assembly initiated impeachment proceedings against President Yoon on December 14, 2024, citing violations of constitutional limits and a breach of democratic norms. The impeachment garnered significant support, reflecting a two-thirds majority that underscored the intensity of political dissent. This decisive legislative action, grounded in the principles of constitutional governance, signified a broader societal demand for accountability and adherence to the rule of law. However, the impeachment process further deepened existing partisan divides, as tens of thousands of citizens took to the streets in large-scale demonstrations supporting the president. These protests, extensively reported by international agencies, provide concrete data on the scale of public mobilization, highlighting the profound impact of the crisis on the national psyche.

The role of the Constitutional Court has become increasingly pivotal as the crisis unfolds. Furthermore, the court’s decision on the impeachment case will either uphold the impeachment, validating the action taken, or reverse it, reinstating President Yoon. According to Article 38 of the Constitutional Court Act, a panel of nine justices must secure at least six affirmative votes to uphold an impeachment. They are required to deliver a final verdict within 180 days of the case being accepted, with the outcome expected in March 2025. The legal procedural frameworks governing this decision are rooted in old decades of constitutional principles yet the case itself is unprecedented in modern South Korea. If the court rules in favor of the president’s impeachment, he will be removed from office, triggering a rapid presidential by-election within 60 days. This will signal not only a change in leadership but also the potential for political turbulence during this critical period.

Amid the crisis of institutional proceedings, a series of deep-seated challenges have emerged that threaten the stability of South Korea’s political landscape. One major issue is the public polarization resulting from the impeachment and its surrounding controversies. Rallies marked by fervent support on one side and equally passionate opposition on the other have disrupted social cohesion and raised concerns about national unity. Moreover, the interim leadership, currently represented by Acting President Sang-mok Choi, faces the challenging task of governing in an environment marked by heightened political tension, uncertainty, and intense scrutiny from both domestic and international stakeholders.

The internal challenges of the crisis carry significant international implications. South Korea’s political instability has raised alarms about potential repercussions for regional security, particularly for its northern neighbor, North Korea.  Analysts point out that any signs of governmental weakness could embolden adversarial forces and destabilize the delicate balance that has characterized East Asian geopolitics for decades. Furthermore, a series of rapid political events—ranging from martial law debacles to impeachment proceedings and an impending court ruling—has highlighted the robustness of South Korea’s institutions. Data from various reputable sources in 2025 indicate that while the nation’s legal framework is robust, the political system remains vulnerable to episodes of crisis that can undermine public confidence and threaten the smooth operation of governmental processes.

In conclusion, the unfolding crisis in South Korea is more than just a political skirmish; it serves as a litmus test for the nation’s democratic resilience. The confrontation between the controversial actions of the executive branch and the corrective measures undertaken by the legislative and judicial branches encapsulates the inherent tensions within democracy. As the Court Constitutional approaches a final decision—one that will either confirm President Yoon’s removal or restore his authority—the country stands at a crossroads. A ruling in favor of impeachment would require a quick presidential election, creating an opportunity for political renewal, but it could also increase polarization. Conversely, reinstating the president might ensure continuity, but it risks deepening societal divisions. Ultimately, this underscores the necessity for strong institutional checks and a commitment to democratic principles in the face of extraordinary challenges. This commitment will determine South Korea’s future during these turbulent times.

• The opinions expressed in this article are the author’s own.

References

• Hahm, Sung Deuk. Presidential Crisis in Korea. Seoul: Cheong Media, 2024.
•  Park, Jong Hee. Democratic Resilience and Vulnerability in South Korea: Lessons from the 2024–2025 Constitutional Crisis. Seoul: Mirae Publishing, 2024.
• John, Dongeun. Assessing the Ongoing Constitutional Crisis in South Korea. Seoul: Hanul Academy, 2024.