Martial Law in South Korea, Reason, Explanation, Causes
04-12-2024
06:30 AM
Martial Law has been declared in South Korea by President Suk Yeol in an unannounced emergency. Since, 1980s, South Korea has had a succession of democratic leaders and this martial law move has brought the nation under a state of shock.
What is Martial Law?
Martial Law is a temporary state of emergency declared by the government to address unexpected threats and crises within the country. Under Martial Law, military authorities take over civil administration and take over the responsibility of law and order. This includes curfews, restrictions on freedoms and direct military involvement in public security.
Martial Law is usually put into force during times of unrest, natural disasters or threats of invasion. Martial Law is one of the last measures of resort in cases of such emergencies.

Current Restrictions Under Martial Law in South Korea
Recent developments in South Korea under martial law have introduced sweeping restrictions:
- Access to Parliament: Members of Parliament are prohibited from entering the parliament building.
- Political Activities: The military has banned all political activities across the country.
- Protests and Public Gatherings: All political protests and public gatherings are now forbidden.
- Media Control: The military has assumed control over media and publishing activities nationwide.
- Strikes and Walkouts: Strikes and walkouts have been declared illegal.
- Travel Restrictions: Military checkpoints may restrict movement, especially in high-risk regions.
These measures aim to address the crisis but also significantly limit civil liberties and freedoms.
Martial Law in Indian Constitution
Article 34 of the Indian Constitution covers martial Law. Since India is a democratic country, article 34 gives the parliament certain powers to protect its individuals who are in government service from any legal actions for acts done to maintain or restore order under martial law. For this article to be followed, two conditions have to be met-
- The act should ensure maintenance of restoring order.
- The area should be under the effect of martial law where the act occurred.
Following are the features of Martial Law:
- Suspends government functions and ordinary courts.
- Fundamental rights are suspended.
- Enforced to restore law and order during crises like war, armed rebellion, external aggression etc.
- Military authorities have the power to make and implement rules and regulations.
Martial Law Declaration in India
Martial Law is put into effect as the last resort and is reserved for the situations where peace and order are deteriorating rapidly due to an impact on the nation and its citizens. Martial Law is imposed with the aim of suppressing demonstrations, civil unrest or insurrections. It can also be implemented during the time of a war, especially when a country’s military occupies foreign territory.
Generally, the President of a country has the power to declare Martial Law in a country while considering any of the above given conditions. The law can be implemented for up to 60 days during severe civil unrest. Additionally, if a country is a partner or member of an international treaty, the agreements may impose limits on the scope and duration of martial law.
Differences Between Martial Law and National Emergency
Following are the differences in between a martial law and a national emergency imposed in India:
Martial Law | National Emergency |
Impacts the Fundamental Rights Only | Affects fundamental rights, centre-state relations |
Government and ordinary law courts are suspended | Neither courts nor the government loose their functioning |
Restore Law and Order | War, external aggression or armed rebellion |
No specific mention in the indian constitution | Detailed provision mentioned in the constitution |
Martial Law in South Korea FAQs
Q1. Was there martial law in South Korea?
Ans. Yes, President Yoon Suk Yeol declared martial law in South Korea.
Q2. What is martial law in India?
Ans. Martial Law is not mentioned explicitly in the Indian Constitution.
Q3. Is self-defense a crime in Korea?
Ans. No, self-defense is not a crime in South Korea
Q4. What is the fighting style in South Korea?
Ans. No, self-defense is not a crime in South Korea
Q5. What is Army rule in South Korea?
Ans. Army rule refers to the period of military dictatorship, notably under Park Chung-hee and Chun Doo-hwan
Q6. What happens if you refuse military service in South Korea?
Ans. Refusing military service in South Korea can lead to imprisonment and fines
Q7. Does Tom Kim have to do military service?
Ans. Yes, Tom Kim, like all South Korean men, is required to complete military service.