Korea under emergency martial law — what does it mean?

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Korea under emergency martial law — what does it mean?

Published: 03 Dec. 2024, 23:05 Updated: 04 Dec. 2024, 17:52

LIM JEONG-WON
[email protected]

Audio report: written by reporters, read by AI

A mass of protesters gathered in front of Seoul Square on May 15, 1980, which became the catalyst for one of the 16 previous martial laws declared in Korean history. [JOONGANG PHOTO]

President Yoon Suk Yeol declared emergency martial law Tuesday night, replacing civilian government with military rule and suspending civilian legal processes for military powers.

This is the first time in 45 years that martial law has been declared in Korea. Yoon’s martial law is the first since the country was fully democratized in 1987.

Article 77 of the Constitution of Korea states that the president may declare martial law in response to war, incidents or other national emergencies.

Martial law is divided into two types; emergency martial law and security martial law.

When emergency martial law is declared, measures such as restricting the freedom of speech, publication, assembly and association, special changes to the authority of governments or courts and a warrant system in accordance with the provisions of related laws are made possible.

If declaring martial law, the president must notify the National Assembly without delay, and when the National Assembly requests the lifting of martial law with the consent of a majority of its members, the president must lift it.

Martial law has been declared a total of 16 times in Korea's history, beginning Aug. 15, 1948 when the republic was established. Cases include the Yeosu-Suncheon Rebellion and the 1950-53 Korean War.

As of Wednesday, Korea has experienced 13 declarations of emergency martial law since its establishment in 1948. That figure includes the six-hour ordeal that spanned Tuesday night to Wednesday morning. The prior declaration was made in late October of 1979 and in effect until January of 1981.

After the 1960s, Korean leaders have declared martial law several times to quell political dissent. Ruling parties have abused the procedure to hold onto power through constitutional amendments.

The country’s first period of martial law, declared in October of 1948, was prompted by the Yeosu-Suncheon rebellion under Syngman Rhee, the first president of Korea. Four of the seven instances of martial law enacted during Rhee’s term were declared in response to political uprisings and mass demonstrations.

Park Chung Hee declared martial law four times — once during military coup in 1961 and three times during his presidency.

In 1964, Park declared martial law in areas of Seoul to crack down on student and civilian uprisings against a diplomatic move to normalize relations between Korea and Japan. He did so again in 1972, disbanding the eighth National Assembly. His third declaration was effective until December even after he'd successfully passed a revised Constitution extending his term. His fourth and final took effect in mid-October of 1979, in Busan, as protests against his rule intensified in the region.

After Park’s assassination on Oct. 26 in 1979, the 12th emergency martial law was placed nationwide. It was in effect during the 1980 May 18 Gwangju Democratization Movement, bringing brutal and coercive suppression upon protesters. A total of 2,617 were injured, 179 went missing and 166 died, according to Yonhap News Agency.

Update, Dec. 4: Date since last martial law adjusted.
Update, Dec. 4: Added history of Korean martial law

BY LIM JEONG-WON, LEE SOO-JUNG [[email protected]]