Martial Law
Overview
Martial law (계엄, 戒嚴) is an emergency governance system in which the military temporarily assumes or controls civilian administrative and judicial functions during a national crisis such as war, insurrection, or large-scale disaster that seriously threatens the nation's safety and order. Generally, when martial law is declared, some constitutional fundamental rights are restricted, military courts may try civilians, and strong measures such as curfews, bans on assemblies, and media control are implemented. While martial law is recognized as a last resort for maintaining national existence and public order, its abuse can severely undermine democracy and human rights, so most democratic countries stipulate strict requirements and procedures.
Main Content
Types of Martial Law
Under the Constitution of the Republic of Korea and the Martial Law Act, martial law is broadly divided into two types.
- Extraordinary Martial Law (비상계엄): Declared during wartime, insurrection, or equivalent national emergencies, where overall administrative and judicial functions come under military control. Military courts may try civilians, and freedoms of speech, press, assembly, and association are fully restricted. The President declares it after deliberation by the State Council and must immediately notify the National Assembly.
- Precautionary Martial Law (경비계엄): Declared when social order is seriously disrupted, with a narrower scope of restrictions than extraordinary martial law. The military supports maintaining public order, but civilian administration and justice operate normally in principle. Military courts are not permitted to try civilians.
Requirements and Procedures for Declaring Martial Law
To declare martial law in South Korea, the following requirements must be met:
1. Cause Occurrence: A crisis such as war, insurrection, large-scale riot, or disaster that paralyzes administrative and judicial functions.
2. State Council Deliberation: The President must undergo deliberation by the State Council (the Prime Minister and all State Council members).
3. Proclamation Announcement: The type of martial law, area of implementation, effective date and time, and martial law commander must be specified and announced.
4. National Assembly Notification: The National Assembly must be notified immediately after declaration, and if the National Assembly demands, martial law must be lifted.
Effects of Martial Law
- Transfer of Administrative Authority: The martial law commander manages or controls administrative affairs in the martial law area.
- Restriction of Judicial Power: Under extraordinary martial law, military courts try civilian crimes (e.g., insurrection, rebellion, leaking military secrets).
- Restriction of Fundamental Rights: Freedoms of speech, press, assembly, association, residence, movement, and privacy of communications may be restricted.
- Special Measures: Curfews, strengthened checkpoints and searches, blockade of specific areas, and mobilization of resources.
Historical Examples
- Extraordinary Martial Law after the October 26 Incident in South Korea (1979): After President Park Chung-hee's assassination, Acting President Choi Kyu-hah declared extraordinary martial law nationwide. This led to the December 12 Military Coup and the May 17 Insurrection, enabling the new military faction to seize power.
- Gwangju Uprising (May 18, 1980): Martial law troops fired on Gwangju citizens, resulting in numerous casualties. This event symbolizes the violence and human rights abuses of martial law.
- Lifting of Martial Law after the June 29 Declaration (1987): As a result of democratization movements, presidential candidate Roh Tae-woo announced the June 29 Declaration on June 29, 1987, leading to the full lifting of martial law and transition to democracy.
- Cases in Other Countries: Martial law was prolonged or abused as a tool of authoritarian rule in the Philippines under Marcos (1972), Poland under Jaruzelski (1981), and Myanmar under the military (2021).
Limitations and Risks of Martial Law
- Risk of Power Abuse: Martial law grants immense power to the military and executive branch, making it highly susceptible to political exploitation.
- Human Rights Violations: Indiscriminate checkpoints, illegal detention, torture, and press suppression may occur.
- Economic Loss: Uncertainty caused by martial law can deter foreign investment, reduce tourism, and contract economic activity.
- Democratic Backsliding: Prolonged martial law can collapse democratic institutions and procedures, leading to military dictatorship.
Recent Trends
As of 2024-2025, discussions on martial law and similar emergency measures are active worldwide. Key trends include:
- Myanmar: Since the military coup in 2021, a state of martial law has persisted, with civil war prolonged. In 2024, military courts continue to try civilians on a large scale, and the internet and media are fully controlled.
- Ukraine: After Russia's invasion, martial law was declared in February 2022 and remains in effect as of 2025. Measures such as conscription, travel restrictions, and media control are implemented, but democratic processes (elections, parliamentary activities) are partially maintained.
- Taiwan: Amid increasing military threats from China, discussions on the possibility of martial law have arisen within Taiwan. After the 2024 presidential election, some politicians advocated for 'revision of the Martial Law Act in preparation for emergencies.'
- South Korea: As of 2024, there have been no cases of martial law declaration, but academic and political discussions on the appropriateness and limitations of martial law during national crises continue. Notably, after the Itaewon disaster in 2022 and nationwide rallies in 2023, some argued for introducing 'precautionary martial law,' but concerns over human rights violations have led to a cautious stance prevailing.
- Technological Advances and Martial Law: Advances in drones, cyberattacks, and AI-based surveillance are changing the nature of martial law. Cyber martial law (internet shutdowns, social media control) is becoming more frequent than physical martial law.
Related Topics
- [[State of Emergency]]
- [[Military Dictatorship]]
- [[Gwangju Uprising]]
- [[December 12 Military Coup]]
- [[Martial Law Act]]
- [[National Emergency]]
- [[Military Court]]
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