Considering Military Rank and Joint Chiefs Martial Law, Expected Chairman of Joint Chiefs
Defense Minister Kim Yong-hyun Likely Recommended West Point Graduate as Chairman of Joint Chiefs
Instead of the Chairman of the Joint Chiefs of Staff, who is the highest-ranking officer in the military hierarchy, a four-star general, Army Chief of Staff Park An-su (photo), was appointed as the Martial Law Commander. This has been interpreted as Defense Minister Kim Yong-hyun's strategic move to form the Martial Law Command under his own Korea Military Academy (KMA) faction.
President Yoon Seok-yeol appointed Army Chief of Staff Park An-su as the Martial Law Commander. According to the Martial Law Act, the Martial Law Commander must be an active-duty general officer recommended by the Minister of National Defense and appointed by the president after deliberation by the State Council. General Park was born in 1968 and is a graduate of KMA class 46. He was appointed Army Chief of Staff in the second half of last year’s general officer personnel reshuffle. He has previously served as commander of the 8th Corps, commander of the 39th Infantry Division, and director of the Operations Planning Department at the Ground Operations Command.
Initially, it was expected that the Chairman of the Joint Chiefs of Staff would serve as the Martial Law Commander if martial law were declared. The Chairman of the Joint Chiefs is the highest-ranking officer in the military hierarchy and can command all armed forces. Additionally, according to relevant regulations, the Joint Chiefs of Staff oversee martial law-related duties and have a Martial Law Division within their organization. Nevertheless, appointing the Army Chief of Staff as the Martial Law Commander has led to speculation that this decision was influenced by the controversial 2018 Defense Security Command (now Counterintelligence Command) “martial law document.” That document stated, “The Martial Law Commander should be exempt from military readiness duties and should be a commander who leads a service branch without current operational missions,” recommending “the Army Chief of Staff as the Martial Law Commander.”
Some interpret that Defense Minister Kim Yong-hyun, who is not a KMA graduate, proposed the Army Chief of Staff, a KMA alumnus, as the Martial Law Commander instead of the Chairman of the Joint Chiefs of Staff. The current Chairman of the Joint Chiefs, Kim Myung-soo, is a graduate of the Naval Academy, while General Park is a KMA graduate.
When emergency martial law is declared, the Martial Law Commander oversees all administrative and judicial affairs within the martial law area. Administrative and judicial institutions in the martial law area must promptly follow the command and supervision of the Martial Law Commander. The Martial Law Commander has special authority to take measures regarding arrest, detention, seizure, search, residence, relocation, media, publication, assembly, association, or collective action when militarily necessary in the emergency martial law area. Furthermore, according to the law, the commander is authorized to mobilize or requisition resources and, if operationally unavoidable, to destroy or burn citizens’ property.
The Martial Law Commander is subject to the command and supervision of the Minister of National Defense regarding the implementation of martial law. However, if the entire country is designated as a martial law area or if the president needs to directly command and supervise, the Martial Law Commander reports to the president.
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