The Memo: Martial law and the unique case of South Korea

Even your most ardent political commentator would have been utterly taken aback at the sudden imposition of martial law announced in South Korea on Tuesday. President Yoon Suk Yeol’s move was enacted entirely out of the blue and flung the nation into a state of complete chaos after the sudden dismantling of parliament and short-lived takeover of military power. While many initially understood the move to be a response to the ever-growing threat of North Korea (understandably so, given that was the reason President Yoon himself gave), the incumbent government also cited ‘opposition forces’ for the abrupt and rash decision.  

The reality remains that Yoon was seeking to evade illegal investigations implicating himself and his family. Thanks to the unconstitutional nature of the move, official proceedings for Yoon’s impeachment are now underway, as critics suggest there was no indication of abiding by the requirements that allow a leader to declare it. This was ultimately an illegitimate attempt to plunge South Korea into a state of martial law for the first time since 1979, when military ruler Park Chung Hee was assassinated in a coup. 

Martial law is formally defined as the replacement of civilian government by military rule, so you won’t be surprised to learn that it is most commonly utilised during times of immense crisis, such as war, civil unrest, or in the aftermath of natural disasters. Examples of such events include coup d’etats in Egypt and Thailand in 2013 and 2014, the 1989 Tiananmen Square protests, and the suppression of political opposition in Poland back in 1981. Whilst the imposition of martial law is not constitutional in a number of countries around the world (including the United States), most states instead place their nation under a formal state of emergency if panic-inducing circumstances arise.  

Even though it represents a different legal construct entirely, a state of emergency affords a government greater power and responsibility without military control completely taking over. But with no time limit to the continued existence of martial law, civil liberties can theoretically remain suspended until martial law ceases, which in some cases could last years. Whilst it all only lasted a mere six hours in the latest South Korean chapter, President Yoon was forced to swiftly lift his attempt at military rule. Having caused widespread protests on the streets, this albeit short-lived declaration ultimately represented the biggest threat to South Korea’s democratic institutions in over four decades.