Hello!
We understand that many of you may have felt worried and tense after the President of South Korea declared martial law late on 3 December 2024. MAP shared this tension and stayed awake all night, worried about the fear and instability that this news might cause among refugees and migrants in Korea. Although martial law was lifted early this morning, we want to offer our sincere support to those of you who may have felt unsettled.
We want to assure you that MAP is here to support you during this period. We will continue our work to protect and support the situation of refugees living in Korea, and to make sure that you are not alone.
Updates and information: To keep you informed and to ease your concerns, we will continue to provide updates on martial law and related developments through our Refugee News.
Mental health support: If this news has caused you significant stress or has triggered past trauma, please do not hesitate to contact the MAP mental health and psychosocial support team at
010-8438-0232
Summary of events🔻
At 10:25 p.m. on 3 December 2024, President Yoon Suk Yeol declared martial law, the first time in 45 years, since 26 October 1979
The Army Chief of Staff was appointed as the martial law commander, and the martial law command issued proclamations that included measures such as banning all political activities, controlling the media, and allowing arrests and detention without warrants
After the declaration, the National Assembly was closed, and soldiers entered the building around midnight
With the support of citizens, 190 members of the National Assembly from both the ruling party and the opposition gathered and held an emergency session at 1:00 a.m. on 4 December. They unanimously passed a resolution demanding an end to martial law. After the resolution was passed, the military forces withdrew from the National Assembly
Various civil society organizations quickly issued statements calling for martial law to be lifted and for the martial law command’s proclamations to be revoked, arguing that the declaration violates the Constitution
At 4:30 a.m. on 4 December 2024, the President revoked the declaration of martial law
Explanation🔻
According to the Constitution of South Korea, martial law can be declared only in times of war, armed conflict, or a similar national emergency
Lawyers for a Democratic Society (Minbyun) criticized the recent declaration of martial law, saying that “President Yoon’s declaration of martial law and the related measures taken by the military have no basis under the Constitution or the law”. They described it as “an exercise of government power that diminishes the functions of the National Assembly and the judiciary while violating fundamental rights such as the freedoms of assembly and association”
Minbyun also pointed out that “President Yoon’s declaration of martial law violates the procedural requirements under the Constitution and the Martial Law Act for declaring martial law”
The President may declare martial law under the conditions set out in the law when there is a need to respond to military necessity or to maintain public safety and order by mobilizing military forces in times of war, armed conflict, or similar national emergency
There are two types of martial law: either extraordinary martial law or precautionary martial law
Under extraordinary martial law, special measures may be taken concerning the need for arrest warrants, freedom of speech, the press, assembly and association, or the powers of the executive and judicial branches, under the conditions set out in the law
When the President declares martial law, the President notifies the National Assembly without delay
If the National Assembly requests the lifting of martial law by a majority of all its members, the President must comply
Source: Ministry of Government Legislation, Korean Law Information Center, Constitution of the Republic of Korea
Source: Ministry of Government legislation Korean Law Information Center, Constitution of the Republic of Korea.
The command announces the following as of 11 p.m. on 3 December 2024, in order to protect free democracy from anti-state forces operating in secret in the Republic of Korea and their threats of subverting the state, as well as public safety.
1
All political activities are prohibited, including the activities of the National Assembly, regional assemblies, political parties, political associations, rallies, and protests.
2
All acts that deny the free democratic order or attempt to overthrow the state system are prohibited, as are the spreading of false news, manipulation of public opinion, and false incitement
3
The command will take over the monitoring of the press and all publications.
4
Strikes, slowdowns, and gatherings that cause social confusion will be prevented
5
Medical interns and all other medical professionals who are taking part in strikes or have left their posts must return to work faithfully within 48 hours or face punishment under the Martial Law Act
6
Measures will be taken to reduce the inconvenience that members of the general public may experience in their daily lives, except for forces seeking to overthrow the state, such as anti-state forces
Violators of this decree may face arrest, detention, and search and seizure without a warrant under Article 9 of the Martial Law Act, and will be punished under Article 14 of the Martial Law Act.
Source: KBS World, 2024.12.4, Martial Law Command Issues Decree No. 1,
https://world.kbs.co.kr/service/news_view.htm?lang=e&Seq_Code=189478