Emergency Martial Law in Korea Explained by Former Con. Law Professor and Korean Constitutional Court Clerk Sean Hayes from IPG Legal

Korean President Yoon Seuk Yeol declared martial law at around 10:30 PM KST on December 3, 2024 under the Korean Martial Law Act. At around 1AM KST on December 4, 2024, the Korean National Assembly voted unanimously to lift martial law (190 out of a total of 300 members).

At around 4:27 KST President Yoon Seuk Yeol announced that he is lifting martial law as soon as a quorum existed for a cabinet meeting. He, also, noted he had withdrawn military personnel from the National Assembly. A few minutes later, the cabinet approved the motion to lift martial law, and the Martial Law Command was dissolved.

Korea’s Martial Law Act
Explained by IPG Legal

For an article on this law blog explaining the ruling by the Constitutional Court of Korea on martial law, please see: Constitutional Court of Korea Declares Korean Dictator’s Martial Law Declaration Unconstitutional.

Martial Law Address by President Yoon Seuk Yeol

Honorable citizens, as your president, I speak to you today with a heavy heart and profound pain.

Since the start of my administration, the National Assembly has initiated 22 impeachment motions against government officials. Since the inauguration of the 22nd National Assembly in June, they have pursued 10 more. This situation is unprecedented — not just in our country’s history, but in the entire world.

The judiciary has been paralyzed by the intimidation of judges and repeated impeachments of prosecutors. The legislative branch has also paralyzed the executive branch, pushing to impeach the Minister of Interior and Safety, the Broadcasting Commission Chairman, the Board of Audit and Inspection Chairman, and the Defense Minister.

Even the budget process has been weaponized, with essential funds for essential state functions, drug crime enforcement, and public safety completely cut. These reckless actions have undermined our national stability, turning the Republic of Korea into a haven for drugs and creating a public safety crisis.

The Democratic Party slashed 1 trillion won in disaster response reserves, 38.4 billion in childcare subsidies, and 4.1 trillion won from projects for youth employment and deep-sea gas development. They even blocked funding for improving salaries and benefits for our junior military officers.

This blatant misuse of the budget mocks our national finances. The Democratic Party’s legislative dictatorship, using the budget as a tool for political strife, has even escalated to what can only be described as a budget impeachment. As a result, state affairs are paralyzed, and the public’s frustrations are mounting.

This is a direct attack on the constitutional order of our free Republic of Korea. It is an anti-state act aimed at subverting the nation, disrupting legitimate state institutions established by the Constitution and law.

The lives of citizens have been completely disregarded. State affairs are now hostage to impeachment motions, special investigations, and the opposition’s attempt to shield its leader.

The National Assembly, which should uphold democracy, has become a den of criminals, paralyzing the judiciary and administrative systems and plotting to subvert the liberal democratic system. Instead of protecting democracy, the Assembly has become a monster destroying it. The Republic of Korea is now in such a precarious state that it could collapse at any moment.

Dear citizens, to protect the Republic of Korea from the threat of North Korean communist forces and to eradicate the shameless, pro-DPRK, anti-state forces plundering citizens’ freedom and happiness, and to protect the liberal constitutional order, I am declaring emergency martial law.

Through this measure, I will rebuild and defend our free Republic of Korea, which is teetering on the edge of ruin. I will absolutely eradicate the anti-state forces who have been the root cause of national ruin and have been committing evil acts until now.

This is an unavoidable measure to guarantee the freedom and safety of citizens and the sustainability of the state from the machinations of anti-state forces who aim to subvert the system, so we can pass on a proper country to future generations.

I will act swiftly to eradicate these threats and restore normalcy to our country. While I acknowledge that this declaration may cause some inconvenience to law-abiding citizens who uphold our constitutional values, I will work to minimize these disruptions.

This step is unavoidable to secure the longevity of the Republic of Korea. However, it will not alter our commitment to fulfilling our responsibilities in the international community.

As president, I appeal to you, the citizens of this nation, with all sincerity. I will devote my life to protecting the Republic of Korea, trusting only in you. Please trust me. Thank you.

— President  Yoon Seuk Yeol Emergency Special National Address

The President appointed Army Gen. Park An-Su as the martial law commander.

Decree of the Martial Law Commander

At around 11PM KST on December 3, 2024, Gen. Park An-su issued the following martial law decree.

Martial Law Command proclaims the following as of 23:00 on 3 December 2024, in order to protect liberal democracy from anti-state forces active within the free Republic of Korea and their threats to subvert the state, and to ensure public safety.

1. All political activities, including activities of the National Assembly, local councils, political parties, and political association, rallies and demonstrations, are prohibited.
2. All acts that deny or attempt to overthrow the free democratic system are prohibited. The dissemination of fake news, manipulation of public opinion, and false propaganda are prohibited.
3. All media and publications are subject to the control of Martial Law Command.
4. Strikes, work stoppages and rallies that incite social chaos are prohibited.
5. Trainee doctors and all other medical personnel, who are on strike or have left their workplaces, must return to their positions within 48 hours and work faithfully. Those who violate the order will face punishment in accordance with the Martial Law Act.
6. Innocent ordinary citizens, excluding anti-state forces and other subversive forces, will be subject to measures to minimize inconvenience in their daily lives.

Violators of the proclamation may be arrested, detained and searched without a warrant in accordance with Article 9 of the Martial Law Act (Special Measures Authority of the Martial Law Commander), and will be punished in accordance with Article 14 of the Martial Law Act (Penalties).

— Martial Law Commander, Army General Park An-su

Martial Law Types in Korea

Korea has two forms of Martial Law authorized by the Martial Law Act – Emergency Martial Law and Guarding Martial Law.

Emergency Martial Law in Korea: Emergency Martial Law may be declared by the President for the “purpose of fulfilling military necessity or maintaining the public security and order when there are belligerency or serious disturbances of social order that considerably impede the performance of the administrative and judicial functions of the State in time of war, incident or other equivalent national emergency.” Article 1 (2), Martial Law Act of Korea.

Guarding Martial Law in Korea: Guarding Martial Law may be declared by the President for the “purpose of maintaining the public security and order when the social order is so disturbed that civil administrative authorities cannot preserve the public peace in time of war, incident or other equivalent national emergency.” Article 1 (3), Martial Law Act of Korea.

Prior to declaring martial law, the Korean President should “undergo deliberation by the State Council.” Article 1 (5) Martial Law Act of Korea and the president must note the “reason, type, date, and enforcement area of the martial law and the martial law commander.” Article 4, Martial Law Act of Korea.

Emergency Martial Law Powers in Korea

The appointed Martial Law Commander, once emergency martial law is declared, has the authority over “the administrative and judicial matters of the area where martial law is declared.” Article 7, Martial Law Act of Korea. These powers are broad and near absolute.

The powers include the power to arrest, detain, seize, search, move a residence of a person, restrict the freedom of speech, restrict the freedom of the press, mobilize troops, seize and use assets of companies and individuals, destroy the property of citizens etc.

Some compensation may be provided for the use and/or destruction of property. Article 9-2, Martial Law Act of Korea.

The Martial Law Commander is “commanded and supervised” by the Minister of National Defense and if the entire country is under martial law or when the President deems it necessary, directly by the President. Article 6 (1)-(2), Martial Law Act of Korea.

Jurisdiction of Military Court under Emergency Martial Law in Korea

Military courts have sole and exclusive jurisdiction over crimes concerning: insurrection; foreign invasion; foreign relations; public peace; explosives; obstruction of performance of official duties; arson; currency; murder; robbery; National Security Act matters; and guns and other weapons. Article 10, Martial Law Act of Korea.

Lifting of Martial Law in Korea

Martial Law must be lifted upon the vote of the National Assembly. Article 11 (1) Martial Law Act of Korea.

We shall update the reader when more is known.

Sean Hayes is the first non-Korean attorney to have worked for the Korean court system (Constitutional Court of Korea) and one of the first non-Koreans to be a regular member of a Korean law faculty. Sean is ranked, for Korea, as one of only two non-Korean lawyers as a Top Attorney by AsiaLaw, and IPG Legal is consistently ranked Top Dispute Resolution Law Firm for our litigation services.

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