Korea's First Martial Law in 45 Years, Why the International Community Is Surprised [AK Radio]

State of Emergency Declared for War and Internal Conflict
International Community Concerns Over North Korean Military Provocations After Martial Law
Significant Damage to South Korea's International Credibility Classified as an Advanced Country

On the 3rd, President Yoon Suk-yeol's declaration of martial law has caused a significant stir both domestically and internationally. In particular, this martial law, declared during peacetime rather than wartime, has raised concerns that it could deal a fatal blow to South Korea's external credibility. The international community has voiced worries about a regression in democracy following South Korea's sudden declaration of martial law.

On the night of the 3rd at 10:30 PM, President Yoon declared martial law through an emergency national address, stating that "the nation is in crisis due to pro-North leftist forces." However, the martial law was lifted just six hours later, prompting widespread criticism at home and abroad. The fact that the martial law was declared amid military tensions with North Korea has further intensified international concerns.

'Martial Law' is an emergency governance system in which the military controls administrative and judicial functions during national emergencies such as war or rebellion. Originating in 17th-century Europe, martial law developed as a system granting military commanders special authority to defend cities during wartime. This was necessary because the development of personal firearms and siege artillery transformed warfare into total war threatening entire cities, requiring legal mechanisms for commanders to defend urban and regional areas.

In the United States, 68 declarations of martial law have been made since its founding, mostly concentrated during the Civil War and World Wars I and II. A notable recent example is the martial law declared in Hawaii during the 1941 Pearl Harbor attack. China imposed martial law during the 1989 Tiananmen Square incident, and Taiwan maintained martial law governance for 38 years from 1949 to 1987. Taiwan's martial law is recorded as the longest-lasting in the world.

On the 7th, the day of the vote on the impeachment motion against President Yoon Seok-yeol, citizens are urging the impeachment of President Yoon in front of the National Assembly in Yeouido, Seoul. Photo by Kang Jin-hyeong

Currently, Ukraine's wartime martial law is cited as a representative case of politically utilized martial law. The Ukrainian constitution allows elections to be indefinitely postponed during martial law. Accordingly, President Volodymyr Zelenskyy has extended his tenure beyond its expiration on May 20th, citing martial law as the basis. This has sparked controversy domestically and internationally, with a promise to hold immediate presidential elections after a ceasefire.

South Korea's martial law is divided into emergency martial law and security martial law. Emergency martial law is a strong measure where the military controls both military operations and administration, while security martial law is a milder form. When martial law is declared, the military can conduct personal identity checks, detain, and punish individuals as necessary, and restrict fundamental rights such as freedom of movement, residence, assembly, and association.

However, the South Korean constitution, learning from the experience of military regimes, guarantees that the National Assembly can function even after the president declares martial law. If the National Assembly demands the lifting of martial law, the president must comply, and even if the Assembly is not in session, the government must immediately notify the Assembly and ensure its convening.

This martial law incident is expected to deal a serious blow to the South Korea-US alliance. South Korea has been a key ally in the US's Asia strategy and a successful example of democracy developed from a developing country to an advanced nation. In particular, South Korea is recognized as the only case of a country that became an advanced nation despite colonial rule and overcame military dictatorship democratically.

President Yoon Suk-yeol declared martial law on the night of the 3rd, and in the early morning of the 4th, martial law troops are attempting to enter the main building of the National Assembly. Photo by Kim Hyun-min

This has been a core example used by the US to promote the superiority of the liberal democratic camp. Especially as China attempts to draw Asian and African countries into its camp through the Belt and Road Initiative (一帶一路, land and maritime Silk Road), South Korea's success story has served as a strong basis supporting the US-led international order.

However, concerns are rising that South Korea's democracy may be regressing due to this incident. Particularly amid escalating US-China tensions, South Korea's political instability could disrupt the US's Asia strategy. Unlike Japan, South Korea possesses strong conventional military forces and hosts the largest US military presence among Asian allies.

Moreover, this incident, occurring during the transition from the Donald Trump administration to the Joe Biden administration, is expected to be a significant variable in the US's Northeast Asia strategy. As the Trump administration sought to intensify pressure on China, instability in South Korea, a key ally, has increased. This is also anticipated to negatively impact the trilateral cooperation system among South Korea, the US, and Japan.

President Yoon Suk-yeol declared martial law. On the 4th, after the National Assembly resolved to lift the martial law, officials at the Hana Bank dealing room in Jung-gu, Seoul, wore stern expressions.

Experts point out that this incident highlights the need for institutional improvements to prevent the abuse of the martial law system. Martial law should be an emergency measure prepared for situations threatening national survival, not a tool for political purposes. Considering the unique circumstances of the Korean Peninsula, where military confrontation continues, rather than abolishing the martial law system itself, strict activation conditions and checks and balances should be established.

Meanwhile, South Korea's passport credibility has also suffered serious damage due to this martial law incident. South Korea, which boasted one of the world's strongest passports, has seen its international trust shaken, including being designated a travel caution country following the sudden declaration of martial law. Especially given that the martial law was declared amid military tensions with North Korea, international concerns about instability on the Korean Peninsula are growing.

This incident is expected to be recorded as an unprecedented event in South Korea's constitutional history. Martial law declared during peacetime without clear security threats has raised international doubts about South Korea's level of democracy. Attention is focused on how the South Korean government will restore its damaged external credibility following this incident.

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