Democracy under pressure: unpacking fears of martial law in South Korea

Recent comments and accusations suggesting that the Yoon Suk Yeol administration may be creating a situation to declare martial law have reignited interest in the topic within South Korea. Conspiracy theorists and some politicians have gone as far as to accuse the administration of plotting a "palace coup," citing the appointment of key figures, such as the new minister of national defense, the head of military intelligence and other military leaders who share the same alumni network as President Yoon. While these claims are largely speculative, they reflect a deeper unease in the country's political landscape, fueled by memories of past authoritarian rule and ongoing tensions in inter-Korean relations.

Martial law in South Korea refers to a legal framework under which the administrative and judicial powers of the state are transferred to a military commander. Under the Constitution of the Republic of Korea, the president has the authority to declare martial law, as stipulated by the Martial Law Act, in circumstances of war, armed conflict or other national emergencies deemed equivalent in gravity. The objective of martial law is to meet military requirements or maintain public safety and order when the normal functions of government are perceived to be inadequate.

Martial law is divided into two types: emergency martial law and security martial law. Emergency martial law grants the government sweeping powers, such as suspending the warrant system, restricting freedom of the press, curbing publication rights and limiting assembly and association, as well as overriding the authority of civilian courts and government agencies. When martial law is declared, the president must........

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