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🇰🇷 South Korea /Elections & Politics

Martial Law's Shadow: South Korea's History and the Fight for Constitutional Control

From Hankyoreh · (34m ago) Korean Critical tone

Translated from Korean, summarized and contextualized by DistantNews.

TLDR

  • The article reflects on the historical and personal implications of martial law in South Korea, linking it to authoritarian rule and violence.
  • It draws parallels between past instances of martial law, including the 1948 Jeju incident and the 1979 declaration following Park Chung-hee's assassination, and a hypothetical 2024 declaration by a former president.
  • The piece advocates for strengthening parliamentary control over the declaration of martial law, proposing constitutional amendments to ensure immediate parliamentary approval or invalidation.

The recent hypothetical declaration of martial law by a former president, as depicted in this narrative, serves as a stark reminder of the precariousness of constitutional order in South Korea. The author's father's immediate association of martial law with the death of a leader or the killing of citizens underscores a deep-seated national trauma stemming from decades of authoritarian rule. This is not merely an abstract political concept; for many Koreans, martial law is inextricably linked to periods of state-sanctioned violence and the suppression of dissent.

Martial law for me meant the president dying, or killing the people to become president.

— The author's fatherExplaining his immediate fearful association of martial law with political violence and death.

Recalling the events of 1948 in Jeju, where martial law was declared and brutally enforced, and the subsequent declaration following President Park Chung-hee's assassination in 1979, highlights a recurring pattern in Korean history. The article points out the initial illegality of martial law declarations, often enacted through presidential decrees rather than proper legislation, demonstrating how constitutional mechanisms can be easily circumvented by those in power. The historical precedent, from France's own tumultuous experience with martial law to the rise of autocratic regimes in Korea, suggests that such emergency powers, once invoked, can easily lead to the erosion of democratic institutions.

This person, he finally died.

— The authorRecalling his father's reaction to the news of President Park Chung-hee's assassination and the subsequent declaration of martial law.

In light of this history, the proposed constitutional amendment to strengthen parliamentary oversight of martial law declarations is a critical step. The current proposal, which requires immediate parliamentary approval and mandates invalidation if not ratified within 48 hours, aims to prevent the unchecked exercise of power. The author criticizes the ruling party's opposition to this amendment, framing it as a strategic move to avoid political fallout rather than a genuine commitment to constitutional principles. The piece urges lawmakers to prioritize constitutional integrity over political expediency, arguing that the lessons of the past, particularly the devastating consequences of unchecked emergency powers, must not be forgotten.

If we create a terrifying president who can wield power over the people at will and punish them at will, we will become 'enemies of the people.'

— Cho Bong-amQuoted from the Constituent Assembly debates, warning against granting excessive emergency powers to the president.
DistantNews Editorial

Originally published by Hankyoreh in Korean. Translated, summarized, and contextualized by our editorial team with added local perspective. Read our editorial standards.

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