What is the meaning of the emergency martial law, the procedure for lifting it, and the change in life?
Dec 03, 2024
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In an emergency statement held at the Presidential Office in Yongsan at around 10:25 p.m., President Yoon declared an emergency decree to "fight pro-North Korean forces and protect the free constitutional order." he said.
Martial law is one of the national emergency powers that can temporarily suspend part of the Constitution and exercise military power to maintain security in case of a national emergency, as prescribed by law, for the purpose of maintaining national well-being and public order.
According to martial law, martial law includes emergency martial law and security martial law.
The emergency martial law declared this time is declared to maintain public well-being when the president is in a state of war, incident, or war with the enemy, or when it is remarkably difficult to perform administrative and judicial functions due to extreme disturbance in social order.
Security martial law is declared by the President to maintain public well-being when the social order is disturbed in wartime, events, or equivalent national emergencies and general administrative agencies alone cannot secure security.
In order for the President to declare, change, or lift martial law, it must be deliberated by the State Council.
When the President declares martial law, he/she shall announce the reason and type, date and time of enforcement, the enforcement area, and the martial law commander, and notify the National Assembly without delay.
At the same time as the emergency martial law is declared, the martial law commander is in charge of all administrative and judicial affairs in the martial law area, and at the same time as the security martial law is declared, the martial law commander is in charge of administrative and judicial affairs related to the military in the martial law area.
Administrative and judicial institutions in the martial law area must be directed and supervised by the martial law commander without delay. In addition, the martial law commander may take special measures against arrest, detention, seizure, search, residence, relocation, media, publication, assembly, association, or collective action when necessary for military purposes.
In the case of emergency martial law, the crimes stipulated in the laws enacted by military necessity are tried in the military court.
During martial law enforcement, lawmakers are not arrested or detained unless they are current offenders.
However, the president should lift martial law without delay and announce it when the situation recovers to normal conditions or when the National Assembly demands the lifting of martial law by two-thirds.
bellho@sportschosun.com
