#SOUTHKOREA--Crisis by Constitution--MARTIAL LAW INVALID

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#SouthKorea Invalidated 12/03/24/2000PST: Summary dismissal of #martiallaw edict issued by president indicates degree of instability of key Asian ally in face of rise of DPRK and #China regional hegemony, alliance with #Russia against #Ukraine.

(Image: Kamala Harris visits DMZ after North Korean missile tests - The Washington Post)

(Begin Perplexity-AI)

south korea instability isolation

The concept of instability and isolation in South Korea can be understood through several interconnected factors, both at the national security level and the social level.

National Security and Geopolitical Isolation

South Korea is experiencing a growing sense of isolation from its Asia-Pacific security partners, including Japan, Australia, the United States, and Britain. Here are some key points:

• Diverging Threat Perceptions: While South Korea perceives the threat from North Korea as increasingly acute, its security partners are more focused on China’s regional ambitions. This divergence in threat perceptions has led to a gap in how these countries address the risks on the Korean Peninsula
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• Escalation Risks: The Korean Peninsula is seeing rising escalation and proliferation risks, exacerbated by South Korea’s sense of isolation. South Korea’s defense minister has instructed the military to respond strongly and immediately to North Korean provocations, indicating a shift towards a more assertive military posture
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• Nuclear Proliferation Concerns: There is increasing domestic support in South Korea for developing an independent nuclear weapons capability, driven by concerns over North Korea’s verbal threats and missile tests, as well as doubts about the U.S. alliance's resolve
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• Policy Coordination: To mitigate these risks, there is a need for closer policy dialogue and coordination among South Korea and its security partners. This includes tabletop exercises to explore conflict scenarios and reassurances to Pyongyang and Beijing that these efforts are defensive and not aimed at creating an Asian NATO
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Social Isolation

Apart from the geopolitical context, South Korea is also grappling with significant social isolation issues:

• Lonely Deaths: There has been a rise in "lonely deaths" (known as "godoksa" in Korean), where individuals, mostly middle-aged men, die alone without being noticed by family or friends for days or weeks. This phenomenon is linked to the country's ageing population, declining birth rate, and cultural pressures
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• Cultural Factors: Social isolation in South Korea is amplified by cultural factors such as the emphasis on achievement and relational orientation. Many Koreans, especially younger generations, feel a deep sense of inadequacy and unworthiness, which contributes to their feelings of loneliness even when they have social connections
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• Economic and Psychological Factors: Unstable housing, job problems, high unemployment rates, and debt from student loans are among the factors contributing to social isolation among young adults. Psychological issues such as depression, relative deprivation, and lower self-esteem also play significant roles
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• Government Initiatives: To address this issue, the Seoul city authorities have announced a $327 million plan over five years to create a "city where no-one is lonely." This plan includes around-the-clock access to loneliness counselors, green spaces, nutritional meal plans, and social activities to reconnect people
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In summary, South Korea's instability and isolation are multifaceted, involving both national security concerns due to the divergence in threat perceptions with its allies and deep-seated social issues related to cultural, economic, and psychological factors. Addressing these challenges requires a comprehensive approach that includes strengthening bilateral ties with security partners and implementing robust social support systems.

Full Text: south korea instability isolation

article 77 of south korean constitution

Article 77 of the South Korean Constitution outlines the provisions and limitations related to the declaration and lifting of martial law. Here are the key points:

Declaration of Martial Law

• The President of South Korea has the authority to declare martial law when it is required to cope with a military necessity or to maintain public safety and order by mobilizing military forces
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Conditions for Martial Law

• Martial law can only be declared in situations of extraordinary threats to the nation, such as war or armed rebellion. However, in the recent case, President Yoon declared martial law citing a budget confrontation and alleged subversive activities by the opposition, which is controversial and does not clearly meet the strict legal and constitutional thresholds
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Restrictions Under Martial Law

• During martial law, the president can restrict freedoms such as speech, publication, assembly, and association. The martial law commander can also take control of the media, prohibit political activities, and implement other special measures as outlined in related laws
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Role of the National Assembly

• The National Assembly has the right to demand the lifting of martial law with a simple majority vote. According to Article 77, when the National Assembly requests the lifting of martial law with the concurrent vote of a majority of its members, the President is constitutionally bound to comply and revoke the martial law
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Recent Application

• In the recent instance, President Yoon's declaration of martial law was swiftly rejected by the National Assembly, which passed a resolution demanding its lifting with a unanimous vote. This rendered the declaration void, and the President is obligated to lift the martial law promptly
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Full Text: article 77 of south korean constitution

south korean constitution and martial law

The declaration and management of martial law in South Korea are governed by specific provisions in the South Korean Constitution and related laws. Here are the key points:

Declaration of Martial Law

• Under Article 77 of the South Korean Constitution, the president can declare martial law in response to "wartime, war-like situations, or other comparable national emergencies" to ensure public safety and order
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• The president must declare martial law when it is necessary to address military exigencies or to ensure public safety and order through the mobilization of military forces during wartime, armed conflicts, or similar national crises
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Powers and Restrictions

• When martial law is declared, the president can restrict freedoms such as speech, publication, assembly, and association. The martial law command can also implement special changes to the authority of governments or courts and alter the warrant system according to related laws
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• The declaration can include measures such as prohibiting all political activities, labor actions, and the dissemination of false information. Media and publications fall under the jurisdiction of the martial law command, and medical personnel must return to their duties
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Revocation of Martial Law

• Martial law can be lifted through a majority vote in the National Assembly. According to the South Korean Constitution, when the National Assembly requests the lifting of martial law with the consent of a majority of its members, the president is required to comply promptly
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• In the recent instance, the National Assembly passed a resolution demanding the lifting of martial law, which led to the president's compliance and the subsequent withdrawal of soldiers from the National Assembly area
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Historical Context

• Martial law has been declared 16 times since South Korea's founding in 1948. The most recent declaration before the current one was in 1980 during a military coup following the assassination of President Park Chung-hee
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Constitutional Compliance

• The opposition and some legal experts have argued that President Yoon's declaration did not abide by the constitutional requirements, labeling it as "illegal and unconstitutional"
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• However, the constitution does provide the president with the authority to declare martial law under specific conditions, and the process for revoking it is clearly outlined
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Full Text: south korean constitution and martial law

(End Perplexity-AI)

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