Martial Law in South Korea: Reason, Explanation, and Causes (GS Paper 2, IR)
Context
- On December 4, 2024, Martial Law was declared in South Korea by President Suk Yeol, sparking widespread shock across the nation.
- South Korea, which has enjoyed a democratic government since the 1980s, now finds itself under a state of emergency, raising concerns about the implications of this unprecedented move.
What is Martial Law?
- Martial Law is a temporary state of emergency where the military assumes control of civil administration to maintain order during a crisis.
- It allows the military to enforce strict control over public security, including imposing curfews, restricting freedoms, and taking over law enforcement duties.
- It is typically imposed during periods of unrest, natural disasters, or threats such as invasion.
Current Restrictions Under Martial Law in South Korea
Under martial law, the South Korean government has implemented several drastic measures:
- Access to Parliament: Members of Parliament are prohibited from entering the parliamentary buildings.
- Political Activities: The military has banned all political activities across the country.
- Protests and Public Gatherings: All political protests and public gatherings are now illegal.
- Media Control: The military has taken control over the nation’s media and publishing activities.
- Strikes and Walkouts: All strikes and walkouts have been declared illegal.
- Travel Restrictions: Military checkpoints are in place, particularly in high-risk areas, to limit movement.
These measures aim to address the ongoing crisis but come at the cost of significant civil liberties and freedoms.
Causes and Reasons for Martial Law in South Korea
- While specific details surrounding the declaration of martial law are not yet fully clear, it is believed that the government resorted to these extreme measures due to escalating unrest and civil disorder.
- The country has faced growing tensions, possibly due to political instability, economic challenges, or other unforeseen events that led to widespread demonstrations and threats to public safety.
Martial Law in the Indian Context
- Article 34 of the Indian Constitution covers the provisions of martial law in India. In India, martial law can be imposed as a last resort during situations like war, armed rebellion, or external aggression.
- Under martial law, the government functions and ordinary courts are suspended, and fundamental rights may be temporarily restricted.
- The military assumes control over law enforcement and the formulation of rules to restore order.
- In India, martial law is seen as a way to protect law and order in times of national crises, but it comes with strict legal conditions.
Differences Between Martial Law and National Emergency
Martial Law and National Emergency are two different concepts with distinct features:
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Martial Law
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National Emergency
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Impacts fundamental rights only
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Affects fundamental rights and centre-state relations
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Government and ordinary law courts are suspended
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Courts and the government continue functioning
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Declared to restore law and order
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Imposed during war, external aggression, or armed rebellion
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No specific mention in the Indian Constitution
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Detailed provisions in the Indian Constitution
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Conclusion
- South Korea’s declaration of martial law in December 2024 marks a dramatic turn in the nation’s governance.
- While it aims to restore order and manage the crisis, the drastic restrictions imposed on the population highlight the extent of the country's turmoil.
- As the situation unfolds, it remains to be seen how this measure will affect South Korea’s democracy and the lives of its citizens.
