President Yoon Seok yeol declares martial law
“An inevitable measure to protect constitutional order and rebuild the nation”
President Yoon Seok-yeol declared martial law, a rare measure in the history of the Republic of Korea, in a late-night speech on the night of the 3rd. President Yoon cited the recent serious crisis in state administration as the background for this measure and emphasized that it was a decision to protect the order of liberal democracy.
Constitutional basis and authority for declaring martial law
According to Article 77, Paragraph 1 of the Constitution, the President may declare martial law in order to maintain public order or respond to military needs in times of war, incident, national emergency, etc. When martial law is declared, the martial law commander oversees administrative and judicial affairs in the relevant region, and some crimes are tried in military courts.
Reasons given in emergency speech
In his speech, President Yoon mentioned recent cases of impeachment in the National Assembly, saying, “Since the launch of the government, 22 cases of impeachment of officials have been proposed, and since the launch of the 22nd National Assembly, impeachment of 10 people is being pursued,” and defined this as unprecedented political chaos. He pointed out that, “The work of the judiciary and the executive branch is paralyzed, and even the processing of the national budget is leading to a complete cut of major livelihood budgets, undermining the essential functions of the state.”
He also called this “the legislative dictatorship of the Democratic Party and the act of toying with the national finances,” and stated that this situation is threatening the liberal democratic system. He strongly declared his will to “respond resolutely to anti-state acts that disrupt the constitutional order and plot internal rebellion.”
Goals and vision of martial law
President Yoon stated that through martial law, “we will eradicate forces that threaten the liberal democratic Republic of Korea and ensure the sustainability of the state,” and “we will do our best to protect the freedom and safety of the people.” He continued, “This measure is an inevitable choice to rebuild a country that has fallen into the abyss of ruin,” and emphasized, “I will pass on a strong country to future generations.”
History of Martial Law in the Republic of Korea
In modern history, martial law has been declared a total of 16 times, of which 12 were emergency martial law. President Yoon’s declaration this time is an unusual case in the 21st century, and the public is focusing on its background and impact.
This declaration of emergency martial law is evaluated as a decision to overcome the unprecedented chaos in constitutional history and rebuild liberal democracy, and its future domestic and international political ramifications are noteworthy.
Full text of President Yoon Seok-yeol's martial law
So far, the National Assembly has proposed impeachment of 22 government officials since our government took office, and the 10th impeachment is underway since the 22nd National Assembly took office in June.
This is not only unprecedented in any country in the world, but also a situation that has never been seen before since the founding of our country.
They are paralyzing the judiciary by intimidating judges and impeaching a large number of prosecutors, and even paralyzing the executive branch by impeaching the Minister of Public Administration and Security, the Chairman of the Korea Communications Commission, the Chairman of the Board of Audit and Inspection, and the Minister of National Defense.
They have also completely cut all major budgets for the essential functions of the state, cracking down on drug crimes, and maintaining public safety, damaging the essential functions of the state and turning the people into a drug paradise and a state of panic for public safety.
= The Democratic Party cut 1 trillion won in disaster countermeasure reserve funds, 38.4 billion won in child care support allowances, and 4.1 trillion won in deep-sea gas field development projects for youth employment in next year's budget. Even the improvement of military officer treatment, such as raising the salaries and allowances of junior military officers and increasing the duty pay, has been put on hold.
=This budgetary tyranny is, in a word, a manipulation of the national finances of the people. This legislative dictatorship of the Democratic Party, which uses even the budget as a means of political strife, did not hesitate to impeach the budget.
The government is paralyzed and the sighs of the people are increasing. This is a clear anti-state act that tramples the constitutional order of the free Republic of Korea and disrupts the legitimate state institutions established by the Constitution and law, plotting internal strife.
The government is paralyzed only by impeachment, special prosecution, and the bulletproof vest of the opposition party leader, without any consideration for the lives of the people. Our National Assembly has now become a den of criminals, and through legislative dictatorship, they are paralyzing the judicial and administrative system of the country and attempting to overthrow the liberal democratic system.
The National Assembly, which should be the foundation of liberal democracy, has become a monster that is destroying the liberal democratic system.
The people are now in a state of such a precarious fate that it would not be strange if it collapsed at any moment.
Dear citizens, I declare martial law to protect the free people from the threat of North Korean communist forces, eradicate the shameless pro-North Korean anti-state forces that are plundering the freedom and happiness of our people, and protect the free constitutional order.
Through this martial law, I will rebuild and protect the free people who are falling into the abyss of national ruin.
To this end, I will absolutely eradicate the anti-state forces that have been the root cause of the ruin of the country and have been committing heinous acts so far.
This is an inevitable measure to guarantee the freedom and safety of the people and the sustainability of the country from the activities of anti-state forces that seek to overthrow the system, and to pass on a proper country to future generations.
I will eradicate anti-state forces and normalize the country as soon as possible.
I know that many good citizens who believed in and followed the constitutional values of the free people will be inconvenienced by the declaration of martial law, but I will focus on minimizing such inconvenience.
Such measures are inevitable for the continuation of the free people, and there is no change in the foreign policy keynote that the people will fulfill their responsibilities and contributions in the international community.
I earnestly appeal to you, the people. I will trust only you, the people, and devote my life to protecting the free people. Please trust me.
Martial Law of the Republic of Korea
Article 2 (Types of Martial Law, Proclamation, etc.)
① Martial law is divided into emergency martial law and security martial law.
② Emergency martial law is declared by the President in times of war, incident, or other national emergency, when there is a state of war with the enemy or when social order is extremely disturbed and it is significantly difficult to perform administrative and judicial functions, in accordance with military necessity or to maintain public peace and order.
③ Security martial law is declared by the President in times of war, incident, or other national emergency, when social order is disturbed and public security cannot be secured by general administrative agencies alone, in order to maintain public peace and order.
④ The President may change the type of martial law, the area of enforcement, or the martial law commander.
⑤ When the President intends to declare or change martial law, he must obtain deliberation from the State Council. ⑥ In the event that a reason falling under Paragraph 2 or 3 occurs, the Minister of National Defense or the Minister of Public Administration and Security may, through the Prime Minister, recommend the declaration of martial law to the President. <Amended on March 23, 2013, November 19, 2014, and July 26, 2017> [Full Amendment on June 9, 2011]
Article 4 (Notification of Declaration of Martial Law)
① When the President declares martial law, he shall notify the National Assembly without delay.
② In the case of Paragraph 1, when the National Assembly is in recess, the President shall request the National Assembly to convene without delay. [Full revision 2011. 6. 9.]
Article 11 (Lifting of martial law)
① If the martial law situation under Article 2, Paragraph 2 or 3 is restored to normal conditions or the National Assembly requests the lifting of martial law, the President shall lift martial law without delay and announce it.
② If the President intends to lift martial law under Paragraph 1, he shall do so after deliberation by the State Council.
③ If the martial law situation under Article 2, Paragraph 2 or 3 is restored to normal conditions, the Minister of National Defense or the Minister of Public Administration and Security may, through the Prime Minister, recommend the lifting of martial law to the President. <Amended 2013. 3. 23., 2014. 11. 19., 2017. 7. 26.> [Full revision 2011. 6. 9.]