Proclamation Orders 'Punishment' and 'Ban on Political Activities'... A Comparison with 1979

School Closure Orders to Stop Student Protests Will Disappear in 2024
Media and Publishing Controls and Prohibition of Rumors Remain the Same

After President Yoon Suk-yeol declared martial law, comparisons are being made between the proclamation issued by the Martial Law Command and the last martial law proclamation issued in 1979, immediately following the October 26 Incident. This recent proclamation includes a ban on all political activities and uses the term "punish" regarding striking medical personnel such as residents, which differs from the 1979 proclamation.

The controversial "ban on political activities" is not found in Proclamation No. 1 (1979 Proclamation) announced on October 27, 1979. The 1979 Proclamation No. 1, issued under the name of Martial Law Commander Army General Jeong Seung-hwa, only states that "all outdoor assemblies require permission, and group activities such as demonstrations are prohibited."

The content regarding the "ban on political activities" can be found in Proclamation No. 10 (1980 Proclamation) issued on May 17 of the following year. This proclamation expanded the martial law declared on October 27, 1979, nationwide. The 1980 Proclamation No. 10 includes "suspension of political activities" and "prohibition of indoor and outdoor assemblies and demonstrations for political purposes," which is interpreted as an attempt to prevent the National Assembly's vote demanding the lifting of martial law and the mobilization of citizens. Although Article 77, Paragraph 5 of the Constitution explicitly grants the National Assembly the authority to demand the lifting of martial law, including such content has been evaluated as potentially unconstitutional.

The prohibition on strikes and work slowdowns has become more specific.

Medical personnel, including residents, were ordered to return to work. The 1979 Proclamation No. 1 stated, "All acts of leaving the workplace without just cause, work slowdowns, and strikes are strictly prohibited," but did not order specific individuals to return to work. However, the 2024 Proclamation No. 1 states, "Strikes, work slowdowns, and assemblies that cause social unrest are prohibited," and specifically orders, "All medical personnel, including residents who are on strike or have left the medical field, must return to their duties within 48 hours and work diligently; violations will be punished under the Martial Law Act." The current medical community has strongly opposed the harsh wording "punish if residents do not return," and has declared the suspension of participation in the Special Committee on Medical Reform.

The provision for school closures has disappeared. In the past, the justification for school closures was the safety of students and staff, but it has been analyzed as a measure aimed at preventing large-scale gatherings and demonstrations by students. During the recent martial law declaration and lifting from the afternoon of the 3rd to the morning of the 4th in 2024, confusion arose among parents and students over whether schools would close, but the Ministry of Education announced that academic schedules would proceed as normal.

There are also similarities with previous proclamations, such as ▲control over the media and publishing ▲prohibition of fabrication and dissemination of rumors. Both the 1979 Proclamation No. 1 and the 1980 Proclamation No. 10 include provisions that "media, publishing, and reporting must undergo prior censorship" and "fabrication and dissemination of rumors are prohibited." The 2024 Proclamation No. 1 similarly states, "All media and publishing are subject to the control of the Martial Law Command," and "fake news, public opinion manipulation, and false incitement are prohibited."

The guarantee of ordinary citizens' daily lives is also similar. The 2024 Proclamation No. 1 includes the provision, "Measures will be taken to minimize inconvenience to law-abiding ordinary citizens in their daily lives," which is similar to the 1980 Proclamation No. 10's statement that "the freedom of citizens' daily lives and normal economic activities is guaranteed."