South Korean President Yoon Suk Yeol announced martial law on Tuesday, pledging to eliminate “shameless pro-North Korean anti-state forces” and restore order. Just hours later, the parliament, which was surrounded by demonstrators and law enforcement, voted to revoke the decree. Below is an overview of the relevant provisions in the Constitution and the Martial Law Act regarding martial law, historical instances of such declarations in South Korea, and the circumstances leading to Yoon’s late-night address.

LEGAL FRAMEWORK

According to South Korea’s Constitution, the president is authorized to declare martial law when deemed necessary to address a military threat or to ensure public safety and order through the mobilization of military forces. This declaration must be reviewed by the cabinet.

Additionally, the president is required to inform the National Assembly of the decision, and must comply if the Assembly requests the lifting of martial law through a majority vote. The martial law commander, appointed by the president based on the defense minister’s recommendation from among active-duty generals, holds the authority to manage arrests, search and seizure operations, control over speech and the press, and regulate assemblies.

The commander also has jurisdiction over all administrative and judicial matters.

HISTORICAL CONTEXT

Since the establishment of South Korea as a republic in 1948, there have been over a dozen instances of martial law declarations. Many of these were instigated by democratic uprisings, particularly during the military coups led by Park Chung-hee in 1961 and Chun Doo-hwan in 1980.

In 1980, a faction of military officers, led by Chun Doo-hwan, compelled then-president Choi Kyu-hah to declare martial law in response to demands from opposition groups, labor unions, and students advocating for the reinstatement of democratic governance.

YOON

Yoon, a seasoned prosecutor who won the presidency in May 2022 by a narrow margin of less than 1%, has faced significant unpopularity, with his approval ratings stagnating around 20% for several months. His party, the People Power Party (PPP), experienced a significant defeat in the parliamentary elections held in April, resulting in opposition parties gaining nearly two-thirds of the unicameral assembly’s seats.

Yoon has been under increasing scrutiny as the Democratic Party has consistently advanced legislation to appoint a special prosecutor to investigate alleged misconduct involving his wife, including claims of stock price manipulation prior to Yoon’s election. He has consistently vetoed these legislative efforts.

Recently, the Democratic Party successfully pushed through a revision of the government budget proposal in committee, cutting over 4 trillion won from the government’s request, and preparing it for a full house vote. This action has provoked ire from the presidential office, with a spokesperson labeling it “parliamentary tyranny.”

WHAT’S AHEAD?

The martial law command issued a six-point directive prohibiting all political activities, assemblies, and rallies, while mandating that all news media and publishing operations fall under its control. Additionally, the command has instructed all trainee doctors who resigned in protest against a government healthcare reform initiative to return to their positions.