Does the South Korean President's declaration of martial law require National Assembly consent? What countermeasures are available? How is martial law lifted? What are the impacts and restrictions of martial law on South Korean society? What instances of martial law exist in South Korean history?

According to recent reports, South Korean President Yoon Suk-yeol announced a state of emergency martial law on December 3, 2024, without mentioning the need for National Assembly consent.

In his statement, Yoon accused the National Assembly of being controlled by the opposition and paralyzing the government, emphasizing that this measure is to protect freedom and constitutional order.

Within the legal framework of South Korea, although martial law typically requires a legal basis, it is not clearly stipulated whether National Assembly consent is required.

Historically, past martial law measures have often been unilaterally declared by the government, especially in the face of significant political crises, such as the 5·17 Martial Law in 1980. Therefore, the current situation seems to be occurring under a similar context, and Yoon has expressed that he believes the current actions of the National Assembly pose a threat to the government, thus taking this action.

The current martial law measures are being implemented under the direct announcement of the President, without the need for National Assembly consent.

What countermeasures are available against the South Korean President’s declaration of martial law?

According to South Korean law, although the President can declare martial law, the National Assembly has the right to oppose and request the lifting of the martial law order. According to South Korea’s martial law law, if a majority of National Assembly members request the lifting of martial law, the President must immediately lift it.

Item	Description
National Assembly Vote	If more than half of the National Assembly members (i.e., 151 members) jointly propose a request to lift martial law, this request must be addressed and responded to immediately. This means that the National Assembly can legally oppose the President’s martial law decision
Opposition Protests	The opposition can initiate protests and organize gatherings to express their opposition to martial law. They can use media and public opinion to increase pressure on the government to consider lifting martial law
Legal Action	Affected individuals or groups may consider filing a lawsuit in the Constitutional Court to challenge the legality of the martial law order, which is also a legal avenue for counteraction
Social Movements and Public Participation	Civil society organizations and citizen groups may also initiate protest activities demanding the withdrawal of the martial law order and emphasizing the importance of democratic freedoms. These movements may include gatherings, marches, and promotions on social media
International Pressure	With the implementation of martial law measures, the international community may exert pressure on the South Korean government to adhere to democratic principles and human rights standards. In this case, diplomatic avenues may also become part of the counteraction

Although the President has the power to declare martial law, the National Assembly has legal procedures to oppose and request the lifting of this measure, which provides a certain degree of checks and balances.

How is martial law lifted in South Korea?

The process of lifting martial law in South Korea typically involves the following steps:

Item	Description
Presidential Announcement of Lifting	The lifting of martial law is usually directly announced by the President. This requires an assessment based on the current security situation and political environment, and the President will lift it when he believes social order has returned to normal
Legal Procedures	Although martial law can be unilaterally declared by the President, lifting martial law may require following certain legal procedures to ensure compliance with relevant legal regulations
Role of the National Assembly	Although the role of the National Assembly has been relatively limited in past martial law situations, during the lifting of martial law, the National Assembly may request discussions or votes to ensure support from various sectors of society for the lifting measures
Social Consultation and Consensus	Before lifting martial law, the government may need to consult with major political parties and social groups to reach a consensus and avoid social unrest from occurring again
Announcement and Implementation	Once the decision to lift martial law is made, the government will issue an official announcement and instruct relevant departments to restore normal operations, including lifting restrictions on freedom of speech and assembly

What are the impacts and restrictions of martial law on South Korean society?

Item	Description
Suppression of Political Freedom	During martial law, all political activities are prohibited, and the government strictly controls freedom of speech. This leads to the public being unable to freely express dissatisfaction or criticism of the government, thereby suppressing the development of democratic movements
Violent Suppression and Human Rights Violations	The government uses the military to suppress protest activities, resulting in numerous civilian casualties. For example, during the Gwangju Incident in 1980, hundreds of protesters were killed, and thousands were injured, making this event one of the most painful memories in South Korean history
Erosion of Social Trust	Martial law severely damages the trust relationship between the government and the public. Many people are afraid to express their opinions publicly, leading to an increasingly tense social atmosphere
Blocking of Historical Memory	The government attempts to cover up the atrocities during martial law, prohibiting any discussion or publications about the Gwangju Incident, making this period of history a taboo. Such actions not only affect those at the time but also have repercussions for future generations

Restrictive Measures

Item	Description
Curfew and Assembly Ban	Martial law is usually accompanied by curfews and bans on gatherings, prohibiting the public from going out during specific times, and any form of assembly is considered illegal
Media Control	The government controls news media, prohibiting reports on any news that may provoke protests or dissatisfaction, making it difficult for the public to obtain accurate information
Arrest and Imprisonment	During martial law, the government can arbitrarily arrest anyone deemed a threat, including dissenters and activists. Many people are thus detained, tortured, or subjected to other forms of abuse

Martial law has a profound impact on South Korean society, not only restricting individual basic freedoms but also leaving deep scars in history. Over time, these events have become important driving forces for South Korea’s democratization movement, prompting people to cherish freedom and democracy even more.

What instances of martial law exist in South Korean history?

Time	Event	Description
1961	516 Incident	This martial law was initiated by Park Chung-hee’s military coup, during which he used martial law to control the situation, prohibiting all political activities and freedom of speech. This event marked the beginning of military rule, and Park Chung-hee subsequently became President, implementing martial law multiple times during his tenure to suppress dissent
1979	Martial Law	After Park Chung-hee was assassinated, Choi Kyu-hah temporarily took over as President and declared martial law on October 27 to prevent social unrest. During this period, the government strictly controlled news media and public activities
1980	5·17 Martial Law	This is one of the most famous martial laws. Chun Doo-hwan declared nationwide martial law amid the chaos, prohibiting all political activities and demonstrations. The subsequent Gwangju Incident saw the public spontaneously protesting for democracy but facing brutal suppression by the military, resulting in numerous casualties
1980	Gwangju Incident	Citizens of Gwangju initiated protests for democracy but were violently suppressed by the military. This movement ultimately ended tragically, becoming a significant milestone in South Korea’s democratization movement

These instances of martial law reflect South Korea’s strong need for political control and social stability during different historical periods, as well as the people’s pursuit of freedom and democracy.