Martial Law: Meaning, Significance, and Examples - Recent Cases in Korea

Martial Law: Meaning, Significance, and Global Cases

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Today, we'll delve deep into the topic of "Martial Law," a subject that many people are curious about.

• What is Martial Law was selected as a TOP TRENDING KEYWORD from the global search engine - Google Trends.
• Martial law is recorded in world history and the history of various countries, but it's true that young people or those who haven't experienced martial law don't know the terror and meaning of it at all, and there are a great many people searching for this meaning.
• This topic goes beyond simple historical examples and greatly helps in understanding modern democracy and national security.

1. What is Martial Law?

Martial law is a measure taken in a national emergency where the military replaces the civilian government to maintain public order and restrict citizens' freedoms.Martial law can be declared for the following reasons:

• War situation: When a country faces a serious threat from outside.
• Internal strife: When rebellions or riots disrupt national operations.
• Social turmoil: When crises such as major natural disasters or epidemics occur.

Martial law is generally divided into two types:

• Guard martial law: For relatively minor incidents, with some restrictions on rights.
• Emergency martial law: For major crises such as rebellion or war, with most rights restricted.

2. Main Characteristics of Martial Law

1) Expanded Role of Military Power

When martial law is declared, military organizations take control of administration and justice, gaining legal and political dominance. In short, the military becomes the center of national governance.

2) Restriction of Civil Rights

Under martial law, the following freedoms may be restricted:

• Press: News and broadcasts are under military control.
• Assembly: All types of demonstrations and gatherings are prohibited.
• Movement: Access to and movement within specific areas are restricted.

3) Introduction of Military Courts

Military courts may operate instead of ordinary courts. This makes it difficult for citizens to receive existing legal protection.

4) Temporary Measure

Martial law is, in principle, lifted once the emergency situation is resolved, but it has often been prolonged or misused.

3. Global Cases of Martial Law

1) USA - Martial Law during the Civil War

In 1861, President Lincoln declared martial law during the Civil War.

• Suspension of Habeas Corpus: Southern sympathizers could be arrested without legal process.This was a measure to maintain public order in a situation of rebellion, but it subsequently caused controversy over the restriction of constitutional rights.

2) Philippines - Marcos Dictatorship

In 1972, Philippine President Marcos declared martial law under the pretext of a communist rebellion.

• Strengthening of the Dictatorship: Under the guise of suppressing rebellion, severely restricted individual liberties.This remains the greatest human rights violation in Philippine history, and the dictatorship ended with the People Power Revolution of 1986.

3) Thailand - Military Coups

Thailand has experienced frequent military coups and martial law since the late 20th century.

• Martial law was declared in 2014 amid political turmoil, resulting in a long period of military rule and international criticism.

4) South Korea - Cases of Martial Law before Democratization

In South Korea, martial law was primarily declared during periods of political upheaval.

• 1948 Yeosu-Suncheon Incident: Suppression of military rebellion.
• 1980 May 18th Democratization Movement: The violent suppression of citizens in Gwangju remains a symbolic event of the democratization movement.
• May 16th Military Coup (1961): Park Chung-hee's military coup.
• Yushin System (1972): Declaration of martial law on the pretext of a national emergency, strengthening the long-term dictatorship.
• South Korea's martial law and declaration cases - https://encykorea.aks.ac.kr/Article/E0078608

4. Legal Basis for Martial Law

Martial law is declared under each country's constitution or special laws.

South Korea's Martial Law-Related Laws

• Article 77 of the Constitution: Specifies the President's power to declare martial law.
• Martial Law Act: Defines guard martial law and emergency martial law, and their procedures.
• National Assembly's Check and Balance: The National Assembly can demand the lifting of martial law with a majority vote.

"> The legal basis for martial law provides legitimacy, but it has great potential for misuse, making it essential to have mechanisms to monitor and restrict it.

5. Dangers and Controversies of Martial Law - Why Martial Law is Frightening

Martial law, while a mechanism for protecting the nation, also carries a high risk of undermining democracy. And martial law has various side effects that are difficult to see as simply legal measures. For the following reasons, it is also a source of fear for many people.

1) Risk of Abuse of Power

• Martial law can be misused as a tool for the military to seize power.
• In many cases, it has become a means of justifying dictatorial regimes.
• There are many instances of martial law being misused as a means to maintain power, exceeding its intended purpose.

2) Restriction of Citizens' Fundamental Rights

• Control of the press, prohibition of assembly, restriction of freedom of association, and restriction of movement severely infringe on citizens' freedoms.
• There is a high risk that citizens' voices will be ignored. This is difficult to accept in a democratic country.

3) Social Turmoil and Fear

• The declaration of martial law creates extreme anxiety among citizens, potentially leading to the collapse of normal social order. The possibility of violence increases.

6. Martial Law and the Role of the International Community

In modern society, international criticism and monitoring of the declaration and operation of martial law have become important.

• International Condemnation: Unjustified martial law can be met with international condemnation.
• International Human Rights Organizations: Monitoring and reporting on human rights violations during martial law.
• Diplomatic Pressure: Democratic countries may impose sanctions on unjust martial law.

7. Lessons and Modern Significance of Martial Law

Martial law is not simply a historical event of the past. It has the potential to act as a threat to democracy in modern times as well.

Lessons for Us

• Martial law should be used to the minimum extent necessary.
• Citizens' rights must be guaranteed, maintaining a balance between democracy and public safety.
• Based on past cases, institutional mechanisms must be strengthened to prevent the abuse of power.

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