Absent for 44 Years? The History of Martial Law Reexamined Amid Lee Jae-myung's Allegation [News Seolcham]

(35) Lee Jae-myung Raises 'Martial Law Preparation Suspicion'
10 Martial Laws Since Government Establishment
Longest Martial Law During 5·16 Military Coup... Total 569 Days
2017 Disclosure of Defense Security Command Martial Law Review Document

Editor's Note'Seolcham' is a newly coined term meaning to refer to detailed explanations. In [News Seolcham], we aim to pinpoint and explain in more detail the parts of the news that require fact-checking or further explanation.

The martial law, which had not appeared in Korean political history since the military regime era, has recently become a subject of contention between the ruling and opposition parties. Lee Jae-myung, leader of the Democratic Party of Korea, brought up the 'suspicions of martial law preparation' during a meeting of party leaders, and as pro-Lee Jae-myung faction lawmakers reiterated this, the controversy seems to be growing. The Presidential Office and the ruling party rebut, demanding an end to baseless political attacks.

According to Article 77 of the Constitution, the President may declare martial law when a state of war or a national emergency equivalent thereto occurs, if it is militarily necessary or to maintain public peace and order. When martial law is declared, administrative and judicial powers are exercised by the martial law commander, and fundamental rights such as freedom of the press, publication, assembly, and association may be partially restricted.

Since the establishment of the government in 1948, martial law has mostly been declared to maintain regimes. There have been a total of 10 martial law declarations: ▲4 times under the Rhee Syngman regime ▲4 times under the Park Chung-hee regime ▲1 time under the Chun Doo-hwan regime, among others. Additionally, during the October 26 incident, martial law initially declared regionally was expanded nationwide following the death of former President Park Chung-hee.

The first martial law was declared in October 1948 in response to the Yeosu-Suncheon Incident. The 14th Regiment of the Republic of Korea Army refused the Rhee Syngman government's order to suppress the Jeju 4.3 Incident, leading to armed conflict, and martial law was declared in the Yeosu-Suncheon area. Many civilians were sacrificed during the suppression process. The second martial law was declared in November of the same year in the Jeju region during the 4.3 Incident. Since both martial laws were declared before the Martial Law Act was enacted in November 1949, some view these as illegal executions outside the legal framework.

In May 1952, during the Korean War, former President Rhee Syngman attempted a constitutional amendment for direct presidential elections and declared the third emergency martial law (Busan Political Crisis) in regions including Busan, Gyeongnam, and Jeonnam. This was politically calculated because the opposition party had won a majority in the previous general election, making re-election under the indirect presidential election system unlikely. To prevent the National Assembly from voting to cancel martial law, opposition lawmakers were forcibly detained and imprisoned. The fourth martial law was declared following the April 19 Revolution in 1960.

Former President Park Chung-hee also used martial law four times. After seizing power through the May 16 military coup in 1961, Park declared martial law nationwide and lifted it on December 6 of the following year, marking the longest duration of martial law in Korean history. While pursuing economic development policies, Park pushed for the Korea-Japan talks to secure funding, which sparked the intense June 3 protests opposing the talks. The opposition and civil society criticized the Korea-Japan talks as 'humiliating talks' and 'traitorous talks.' In response, Park immediately declared martial law in Seoul and ordered the closure of universities nationwide. Later, in October 1972, to extend his rule, he declared martial law along with the Yushin Constitution and attempted to dissolve the National Assembly.

The 8th to 10th martial laws were essentially regional martial laws expanded nationwide. Around October 18, 1979, as protests by citizens in Busan and Masan opposing Park Chung-hee's long-term rule spread like wildfire (Busan-Masan Democratic Uprising), Park declared martial law and the maintenance of public order in those regions and used force to suppress the protests. This martial law was expanded nationwide, excluding Jeju Island, following the October 26 and December 12 incidents.

Subsequently, on May 17, 1980, the new military regime led by Chun Doo-hwan and Roh Tae-woo staged a military coup and declared martial law again. When the May 18 Democratic Uprising resisted this, martial law troops were deployed to suppress it by force.

[Image source=Yonhap News]

Afterward, with the revision of the National Assembly Act in 1981, there was no martial law for over 40 years. The revision stipulated a State Council review process so that the President could not immediately declare martial law unilaterally. Also, the President must promptly notify the National Assembly of the declaration, and if the National Assembly demands the lifting of martial law by a majority vote of its members, the President must comply.

Although there was no martial law for over 40 years, evidence remains that it was considered. In January 1987, the democratization movement triggered by the torture death of the late martyr Park Jong-cheol exploded into the June 10 Democratic Uprising. It is known that the Chun Doo-hwan regime considered declaring martial law to suppress the movement by force. However, due to public resistance and pressure from the United States deeming martial law and other emergency measures inappropriate, the Chun Doo-hwan regime eventually accepted a constitutional amendment for direct presidential elections through the June 29 Declaration.

The 'Park Geun-hye government martial law consideration rumor' was treated as mere hearsay at the time but was confirmed as true when actual documents were disclosed. In November 2016, then Democratic Party leader Choo Mi-ae stated, "There is information circulating that President Park Geun-hye is ultimately preparing martial law," and subsequently, a martial law review document created by the Republic of Korea Army's Defense Security Command (now Counterintelligence Command) was revealed. At that time, protests demanding the resignation of former President Park Geun-hye were taking place in public squares such as Gwanghwamun in Seoul.

This is also one of the grounds the Democratic Party currently cites for the 'suspicions of martial law preparation.' On the 1st, during a meeting of party leaders, Lee Jae-myung claimed, "There are stories that recently, plans were made to arrest and detain lawmakers simultaneously with the declaration of martial law to prevent the National Assembly from demanding the lifting of martial law. This is a perfect dictatorship." Another basis is that Defense Minister nominee Kim Yong-hyun, along with the Counterintelligence Command commander and the 777th Unit commander, all graduated from Chung-Ang High School, the same as President Yoon Suk-yeol.

On the other hand, the Presidential Office demands "an end to irresponsible agitation." On the 2nd, the Presidential Office stated in a briefing, "This can only be seen as agitation that normalizes and brainwashes the public into accepting impeachment and martial law that could shake the entire nation," and added, "The ruling party will firmly respond against the opposition party's martial law manipulation and national governance disruption attempts based on baseless martial law theories."