Former South Korean acting leader Choi Sang-mok was indicted on October 19, 2023, for his involvement in the controversial imposition of martial law in December 2024. This development marks a significant moment in the ongoing legal battles surrounding the administration of former President Yoon Suk Yeol. The indictment was announced by Special Prosecutor Park Ji-young during a routine briefing.
Choi, who held the positions of Deputy Prime Minister and Minister of Economy and Finance, faces charges alongside former Prime Minister Han Duck-soo. The charges include dereliction of duty, stemming from their failure to appoint justices to the Constitutional Court during a tumultuous period following Yoon’s impeachment. Han served as Acting President during the critical timeframe from December 2024 to May 2025.
The prosecutor’s case alleges that the inaction of both officials contributed to a judicial vacuum, which ultimately facilitated the declaration of martial law. This legal confrontation represents a pivotal moment for constitutional governance in South Korea. The defense is expected to argue that they were exercising their discretionary judgment amidst an unprecedented political crisis.
Upon assuming the role of acting president, Choi appointed two of the three justices recommended by the National Assembly but chose not to appoint Ma Eun-hyeok, citing a lack of bipartisan agreement. This decision has since been classified as a criminal failure of duty, according to the special prosecutor’s findings. The charges against Choi and Han are based on South Korea’s Public Official Election Act and laws regarding neglect of official duty.
The indictment places both leaders at the center of a legal battle that could carry profound legal and political implications. This action is part of a broader initiative by the special prosecutor, who has also indicted several former presidential aides for abuse of power, particularly concerning the flawed nomination process for other justices.
While this indictment is a crucial step in addressing accountability, it does not fully resolve the constitutional crisis that has gripped South Korea. The series of events—including impeachment, judicial vacancy, and martial law—has severely impacted public trust in the institutions of democracy.
As the judicial process unfolds, it faces the daunting challenge of providing legal clarity in an environment marked by political polarization. The outcomes of the forthcoming court proceedings, including their implications for the political landscape in South Korea, will be closely monitored by both domestic and international observers.
This significant legal chapter underscores the ongoing struggle to restore faith in South Korea’s democratic institutions, a task that remains essential for the nation’s political stability.