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South Korea’s Martial Law Controversy

Why in News?

South Korea’s President Yoon Suk-yeol declared martial law in the country on the night of December 3, 2024, citing a growing internal crisis and external threats, particularly from North Korea. After a swift backlash from both political leaders and the public, the decision was reversed within hours. This sudden move has drawn attention globally, especially considering that it was the first time in over 40 years that such a measure was considered.

What is Martial Law?

Martial Law is an emergency measure imposed by a government during extreme situations like war, rebellion, or national emergencies. Under martial law, military authorities temporarily replace civilian governance, taking control of law enforcement and other public duties. This often involves:

  • Suspension of civil liberties: Restrictions on protests, assemblies, and media freedom.
  • Military control: Army officers can enforce curfews, carry out arrests without judicial oversight, and restrict movements in certain areas.
  • Aimed at stability: Martial law is often implemented to restore order when civilian authorities are overwhelmed, especially during widespread unrest or foreign threats.

Why Was Martial Law Declared?

South Korea’s internal and external tensions reached a boiling point. That’s why President Yoon declared martial law in his Country. His stated reasons were:

  • Rising domestic unrest: Increased political opposition, economic challenges, and public dissatisfaction were seen as threats to the country’s stability.
  • North Korean threat: Tensions with North Korea, particularly regarding their nuclear weapons program, remain high. It was implied that military control would bolster national security.
  • Political instability: President Yoon faced criticism for his government’s rule.

The Reversal of the Decision:

The martial law was revoked after only six hours, marking it as one of the shortest martial law declarations in modern history. 

  • Parliamentary intervention: The National Assembly convened at midnight to vote on the matter, and 190 out of 300 members voted against it.
  • President Yoon’s Address: In a live address to the nation, Yoon announced that he would respect the parliamentary vote.
  • Cabinet approval: Following the announcement, the South Korean Cabinet officially approved the repeal of martial law by 5 a.m.

South Korea’s History with Martial Law:

South Korea has a long history of martial law declarations. All of these are primarily linked to military regimes and political crises. The most significant instances include:

  • 1950-53 Korean War: Martial law was imposed to manage wartime conditions.
  • 1960s-1980s Military Rule: Several instances during military-led governments, including the 1961 coup by Park Chung-hee and the 1980 Gwangju massacre.
  • 1987 Democratic Reforms: After widespread protests, South Korea transitioned to a democracy, making martial law an unpopular and rare option.

Constitutional Framework for Martial Law:

South Korea’s Constitution (Article 77) allows the President to declare martial law, but only in cases of national emergency or war. The conditions are strict:

  • National emergency: The law can be declared when there is a clear and present danger to national security.
  • Parliamentary approval: Any declaration of martial law must receive parliamentary consent. If martial law is imposed, the President must regularly report to the Assembly.

Martial Law in India:

  • Article 34 of the Indian Constitution deals with martial law and allows Parliament to restrict certain rights during martial law.
  • In Martial law Civil liberties like freedom of movement, freedom of speech, and protection from arbitrary detention may be restricted.
  • The military takes over administrative functions and makes decisions for the local populace.
  • Martial law is typically imposed only in affected areas where law and order have broken down (e.g., during war, armed rebellion).
  • Military Tribunals: Ordinary courts are suspended, and military tribunals handle legal cases.
  • Martial law can be declared by the President or a state governor during an emergency situation.
  • It can be declared for a specific period and requires approval from the legislative body.
  • In India, martial law is a rare event, and the country relies on constitutional provisions like National Emergency and AFSPA to manage crises.

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