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South Korea's Martial Law Backtrack: What Is Martial Law? What’s Allowed, What’s Banned?

Martial law in South Korea was lifted after 190 lawmakers managed to enter the sealed National Assembly and voted unanimously to reject President Yoon's declaration.

<div class="paragraphs"><p>South Korean President Yoon Suk Yeol backed down, while his cabinet approved the motion to lift the order, AFP reported, quoting Yonhap news agency. (Photo source: Envato)</p></div>
South Korean President Yoon Suk Yeol backed down, while his cabinet approved the motion to lift the order, AFP reported, quoting Yonhap news agency. (Photo source: Envato)

In a late night dramatic move on Wednesday, South Korean President Yoon Suk Yeol announced the imposition of martial law in the country, but revoked the decision six hours later amid backlash from the national assembly and widespread protests. The overnight move, the first time martial law was being imposed in the country in over 40 years, rocked the nation and triggered alarm worldwide. Accusing opposition forces of "anti-state activities" that were destabilising the government, Yoon said the declaration was "protect the free Republic of Korea from the threat of North Korean communist forces."

“Through this martial law, I will rebuild and protect the free Republic of Korea, which is falling into the depths of national ruin…I will eliminate anti-state forces as quickly as possible and normalise the country,” a Reuters report quoted Yoon as saying.

However, the martial law was lifted after 190 lawmakers managed to enter the sealed National Assembly, and vote unanimously to reject Yoon's declaration.

The president backed down, while his cabinet approved the motion to lift the order, AFP reported, quoting Yonhap news agency.

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What Is Martial Law?

Simply put, martial law replaces the civilian government with military order. Civilian legal processes also get suspended and military ones take over. As long as martial law continues in a country, standard civil activities and liberties may also remain suspended.

Yoon’s martial law commander, Army Chief of Staff General Park An-su, said, “...All political activities, including those related to the National Assembly, regional assemblies, political parties, the forming of political organisations, rallies and protests are banned.”

As per Article 77 of South Korea’s Constitution, the president may invoke martial law when “required to cope with a military necessity or to maintain public safety and order by mobilisation of the military forces in time of war, armed conflict or similar national emergency”.

Martial law has been declared 16 times in the Republic of Korea since it was established, with the last one being in 1980.

What’s Allowed And What’s Banned Under Martial Law?

  • All political activities, including those of the National Assembly, local councils, political parties, political associations, rallies and demonstrations, are banned. 

  • Any actions that undermine or seek to overthrow the liberal democratic system are banned, as are the spreading of fake news, manipulation of public opinion and false propaganda. 

  • All media outlets and publications will be under the control of the Martial Law Command. 

  • Strikes, work stoppages and rallies that incite social unrest are prohibited.

  • Medical personnel, including trainee doctors, who are on strike or have left the medical profession must resume their duties within 48 hours and perform their duties faithfully. Those who fail to comply will face action under martial law. 

  • Ordinary citizens, excluding those involved in anti-state or subversive activities, will be subject to measures designed to minimise disruptions to their daily lives.

Those who fail to comply with the rules under the martial law are subject to arrest, detention and search without warrant in line with Article 9 of the Martial Law Act of the Republic of Korea (Special Measures Authority of the Martial Law Commander). The punishment is decided under Article 14 of the Martial Law Act (Penalties).

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