Martial law is a state of emergency declared by the President of South Korea under Article 77 of the Constitution when the country faces a national emergency such as war, rebellion, or a situation equivalent to these, leading to extreme disruption of social order and difficulty in performing administrative and judicial functions.
Korea’s Legal Basis for Martial Law
- Article 77 of the Constitution: “The President may, in times of war, rebellion, or a national emergency equivalent to these, declare martial law in accordance with the law when it is necessary to respond to military needs or maintain public order with military force.”
Effects of Martial Law
When martial law is declared, the following special measures can be taken:
- Special measures regarding the warrant system, freedom of press, publication, assembly, association, and the authority of the government or courts: The President can restrict these freedoms and authorities as prescribed by law.
- Authority of the Martial Law Commander: The martial law commander oversees all administrative and judicial affairs within the martial law area, and certain crimes within the area are tried by military courts.
Historical Context of Martial Law
South Korea has declared martial law 16 times since the establishment of the government in 1948, with 12 of those being emergency martial law.
- First Emergency Martial Law: The first instance was declared by President Syngman Rhee in October 1948 due to the Yeosu-Suncheon Rebellion.
- Last Emergency Martial Law: The last emergency martial law was expanded nationwide by the new military regime following the assassination of President Park Chung-hee in October 1979.
Lifting of Martial Law
- Role of the National Assembly: The National Assembly can demand the lifting of martial law with the consent of a majority of its members, and the President must comply.
- Recent Case: On December 3, 2024, President Yoon Suk-yeol declared emergency martial law, but it was lifted following a demand by the National Assembly with the consent of a majority of its members.
Abuse of Martial Law
In the past, martial law was often abused as a means to maintain power. Examples include the 1960 April 19 Revolution, the martial law following the assassination of President Park Chung-hee in 1979, etc. These historical events show that martial law was used more for the interests of certain political forces rather than ensuring the safety and freedom of the citizens.
Conclusion
Martial law is a presidential power to address national emergencies, but it is crucial to respect democracy and the freedom of citizens in its implementation and lifting. In South Korea’s history, martial law has been declared several times, but post-democratization, the conditions for its declaration and subsequent control have been strengthened to prevent abuse.