South Korean Opposition Pushes Legislation to Prevent Unconstitutional Martial Law | Be Korea-savvy

South Korean Opposition Pushes Legislation to Prevent Unconstitutional Martial Law


A person watches news of President Yoon Suk Yeol's declaration of emergency martial law in a televised address on a TV screen at Seoul Station Dec. 3, 2024. (Image courtesy of Yonhap)

A person watches news of President Yoon Suk Yeol’s declaration of emergency martial law in a televised address on a TV screen at Seoul Station Dec. 3, 2024. (Image courtesy of Yonhap)

SEOUL, Dec. 17 (Korea Bizwire)South Korea’s Democratic Party is advancing a wave of legislative proposals aimed at preventing the misuse of martial law, following the recent political turmoil that culminated in President Yoon Suk-yeol’s impeachment.

Dubbed the “Seoul Spring Laws,” these measures seek to impose stricter controls on the declaration of martial law and ensure safeguards against its abuse. However, the National Defense Committee, chaired by a ruling party member, could pose challenges to the bills’ progress. 

Over 70 Proposals to Restrict Martial Law

According to the legislative information system, over 70 bills have been introduced, primarily by Democratic Party lawmakers, to tighten regulations around martial law. Key provisions include: 

Restricting Martial Law Declarations: Proposed measures would require a two-thirds majority in the National Assembly or approval from a majority of lawmakers before martial law takes effect. Other bills aim to eliminate the authority of defense and interior ministers to recommend martial law.

Easing Martial Law Repeal: Several bills propose allowing remote video sessions for repealing martial law and enabling immediate termination upon a resolution by the National Assembly, bypassing Cabinet review.

Penalizing Abuse: Proposed penalties include cutting salaries by up to 100% for impeached officials during their suspension. Another measure seeks to discipline lawmakers who intentionally boycott key votes, adding expulsion as a mandatory punishment.

As President Yoon Suk Yeol declared martial law in an urgent address on the night of December 3, the National Assembly in Yeouido, Seoul, passed a resolution in the early hours of the next day calling for its repeal. The resolution was approved unanimously, with 190 lawmakers present and 190 voting in favor. (Yonhap)

As President Yoon Suk Yeol declared martial law in an urgent address on the night of December 3, the National Assembly in Yeouido, Seoul, passed a resolution in the early hours of the next day calling for its repeal. The resolution was approved unanimously, with 190 lawmakers present and 190 voting in favor. (Yonhap)

Strengthening Oversight and Safeguards

The Democratic Party plans to incorporate these proposals into its existing “Seoul Spring Laws,” which require government approval before declaring martial law. The aim is to create a robust legal framework to prevent a repeat of events such as the controversial December 3 martial law declaration. 

Political Hurdles Ahead

While the party is determined to push the legislation forward, the National Defense Committee, led by ruling People Power Party lawmaker Sung Il-jong, could delay progress. Despite these challenges, a Democratic Party policy official expressed optimism, saying, “We are carefully reviewing the proposals and hope to find common ground with the ruling party, which should recognize the issues with the recent martial law declaration.”

The legislative push reflects South Korea’s broader effort to address gaps in democratic safeguards and prevent future abuses of executive power. 

M. H. Lee (mhlee@koreabizwire.com)

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