MARTIAL LAW ACT
Wholly Amended by Act No. 3442, Apr. 17, 1981
Amended by Act No. 3993, Dec. 4, 1987
Act No. 5454, Dec. 13, 1997
Act No. 8021, Oct. 4, 2006
Act No. 8852, Feb. 29, 2008
Act No. 10791, jun. 9, 2011
Act No. 11690, Mar. 23, 2013
Act No. 12844, Nov. 19, 2014
Act No. 12960, Jan. 6, 2015
Act No. 14609, Mar. 21, 2017
Act No. 14839, Jul. 26, 2017
The purpose of this Act is to stipulate necessary matters for declaring, enforcing, lifting, etc. of martial law.
[This Article Wholly Amended by Act No. 10791, Jun. 9, 2011]
| Article 2 (Types, Declaration, etc. of Martial Law) |
| (1) | Material law shall be classified into two types: emergency martial law and guarding martial law. |
| (2) | Emergency martial law shall be declared by the President for the purpose of fulfilling military necessity or maintaining the public security and order when there are belligerency or serious disturbances of social order that considerably impede the performance of the administrative and judicial functions of the State in time of war, incident or other equivalent national emergency. |
| (3) | Guarding martial law shall be declared by the President for the purpose of maintaining the public security and order when the social order is so disturbed that civil administrative authorities cannot preserve the public peace in time of war, incident or other equivalent national emergency. |
| (4) | The President may change the type and enforcement area of martial law, or the martial law commander. |
| (5) | The declaration of martial law or alteration in its nature by the President shall undergo deliberation by the State Council. |
| (6) | Where any of the causes prescribed in paragraph (2) or (3) occurs, the Minister of National Defense or the Minister of the Interior and Safety may suggest the declaration of martial law to the President through the Prime Minister. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
[This Article Wholly Amended by Act No. 10791, Jun. 9, 2011]
| Article 3 (Announcement of Martial Law Declaration) |
When martial law is declared by the President, he/she shall announce the reason, type, date and enforcement area of the martial law and the martial law commander.
[This Article Wholly Amended by Act No. 10791, Jun. 9, 2011]
| Article 4 (Notification of Martial Law Declaration) |
| (1) | When martial law is declared by the President, he/she shall notify the National Assembly thereof without delay. |
| (2) | In the case of paragraph (1), if the National Assembly is out of session, the President shall, without delay, request the National Assembly to convene the session. |
[This Article Wholly Amended by Act No. 10791, Jun. 9, 2011]
| Article 5 (Appointment of Martial Law Commander, Establishment of Martial Law Headquarters, etc.) |
| (1) | The martial law commander shall be recommended by the Minister of National Defense from among general-level officers in active service and appointed by the President after deliberation by the State Council. <Amended by Act No. 14609, Mar. 21, 2017> |
| (2) | Martial law headquarters shall be established for the martial law commander to conduct affairs concerning martial law. In such cases, the martial law commander shall become the head of martial law headquarters. |
| (3) | Where martial law is declared in at least two Dos (including the Special Metropolitan City, Metropolitan Cities and Special Self-Governing Province), the martial law commander may establish district martial law headquarters that assist affairs of martial law headquarters, and may also establish regional martial law headquarters that assist affairs of district martial law headquarters. |
| (4) | The organization of martial law headquarters shall be prescribed by the Presidential Decree. |
[This Article Wholly Amended by Act No. 10791, Jun. 9, 2011]
| Article 6 (Command and Supervision over Martial Law Commander) |
| (1) | The martial law commander shall be commanded and supervised by the Minister of National Defense in enforcing martial law: Provided, That where the whole country is under martial law or when deemed necessary, the President him/herself shall command and supervise the martial law commander. |
| (2) | When the martial law commander is commanded and supervised under paragraph (1), matters concerning national policies shall be subject to deliberation by the State Council. |
[This Article Wholly Amended by Act No. 10791, Jun. 9, 2011]
| Article 7 (Scope of Authority of Martial Law Commander) |
| (1) | Once emergency martial law is declared, the martial law commander shall have authority over all the administrative and judicial matters of the area where martial law is declared. |
| (2) | Once guarding martial law is declared, the martial law commander shall have authority over the administrative and judicial matters concerning the military of the area where martial law is declared. |
[This Article Wholly Amended by Act No. 10791, Jun. 9, 2011]
| Article 8 (Command and Supervision of Martial Law Commander) |
| (1) | Both administrative agencies (including those controlling intelligence and security matters; hereinafter the same shall apply) and judicial agencies of the area where martial law is declared shall be commanded and supervised without delay by the martial law commander. |
| (2) | When the martial law commander commands and supervises the administrative and judicial agencies of the area where martial law is declared, he/she shall do so through the top administrator of the relevant district if the area is located within a single administrative district, while he/she shall command and supervise the administrative and judicial agencies through the top administrator in the relevant administrative district or the head of the competent government ministry (in the case of judiciary courts, through the Chief of Office of Court Administration) if the area covers at least two administrative districts. |
[This Article Wholly Amended by Act No. 10791, Jun. 9, 2011]
| Article 9 (Right to Take Special Measures of Martial Law Commander) |
| (1) | In the area of emergency martial law, the martial law commander may take special measures, of military necessity, in regard to arrest, detention, seizure, search, residence, moving, speech, the press, assembly, association or collective action. In such cases the martial law commander shall, in advance, announce details of the measures to be taken. |
| (2) | In the area of emergency martial law, the martial law commander may act on either mobilization or requisition in accordance with the provisions of Acts, and when deemed necessary, he/she may order an investigation or registration of materials for a military use as well as prohibition of carrying out such materials. |
| (3) | In the area of emergency martial law, the martial law commander may destroy or incinerate the property of a citizen when it is inevitable for military operations. |
| (4) | Where the martial law commander intends to destroy or incinerate the property of any citizen under paragraph (3), he/she shall give prior notice to the administrative agency having jurisdiction over the seat of the relevant property and the owner, occupant or custodian of the said property, of necessary matters, such as the reason therefor, region and objects, or shall announce such matters. |
[This Article Wholly Amended by Act No. 10791, Jun. 9, 2011]
| Article 9-2 (Compensation for Property Destroyed or Incinerated) |
| (1) | For any loss caused under Article 9 (3), due compensation shall be paid: Provided, That the foregoing shall not apply if the loss has been caused amid a battle. |
| (2) | The Minister of National Defense shall make public in advance matters necessary for a claim for compensation, such as the period and procedures for compensation claim, setting a period of at least ten days. |
| (3) | When the Minister of National Defense has determined to pay compensation, he/she shall, without delay, give notice on payment of compensation to the person subject to such compensation. |
| (4) | The head of the relevant administrative agency shall record the relevant data and keep evidential materials, such as written investigations, written confirmations and photos necessary to reckon the amount of loss caused by destruction or incineration of property. |
| (5) | Matters necessary for payment, etc. of compensation, except those provided for in this Act, shall be prescribed by the Presidential Decree. |
[This Article Wholly Amended by Act No. 10791, Jun. 9, 2011]
| Article 9-3 (Compensation Criteria, etc.) |
| (1) | Any compensation for loss under Article 9-2 (1) shall be made in cash, except otherwise specified by other Acts. |
| (2) | The computation of the amount of loss shall be based on the tax base as at the time the property was extinguished by destruction or incineration. |
| (3) | The tax base under paragraph (2) shall be prescribed by the Presidential Decree. |
[This Article Wholly Amended by Act No. 10791, Jun. 9, 2011]
| Article 9-4 (Exclusion from Compensation) |
Notwithstanding the provisions of Article 9-2 (1), no compensation shall be made where the property damaged by destruction or incineration is a state owned property or public owned property. [This Article Wholly Amended by Act No. 10791, Jun. 9, 2011]
When the Minister of National Defense is unable to pay compensation to any person subject to compensation due to the following cases, he/she shall deposit the relevant compensation in the district court or its branch having jurisdiction over the place of residence of the person subject to compensation:
| 1. | Where the person subject to compensation has refused to receive the compensation; |
| 2. | Where the person subject to compensation has failed to respond to the notice on compensation payment under Article 9-2 (3) within the period prescribed by the Presidential Decree. |
[This Article Wholly Amended by Act No. 10791, Jun. 9, 2011]
| Article 9-6 (Extinctive Prescription of Right to Claim Compensation) |
Right to claim compensation shall lapse by prescription if it is not exercised for five years from the expiry date of the period of public announcement under Article 9-2 (2): Provided, That where the person having the right to claim compensation was unaware of the fact of public announcement, computation shall commence from the date when he/she has become aware of the fact thereof. [This Article Wholly Amended by Act No. 10791, Jun. 9, 2011]
| Article 10 (Jurisdiction of Military Courts under Emergency Martial Law) |
| (1) | In the area of emergency martial law, any trial against those who commit one of the crimes falling under Article 14 or the following crimes shall be conducted by a military court: Provided, That where necessary, the martial law commander may allow a competent judiciary court to conduct such trial: <Amended by Act No. 12960, Jan. 6, 2015> |
| 1. | Crimes of insurrection; |
| 2. | Crimes of foreign invasion; |
| 3. | Crimes concerning foreign relations; |
| 4. | Crimes injurious to public peace; |
| 5. | Crimes concerning explosives; |
| 6. | Crimes concerning obstruction of the performance of official duties; |
| 8. | Crimes concerning currency; |
| 13. | Crimes prescribed in Acts and subordinate statutes established for military necessity. |
| (2) | Where no judiciary court exists in the area of emergency martial law or communication with the competent judiciary court are cut off, all criminal cases shall be tried in military courts, notwithstanding the provisions of paragraph (1). |
[This Article Wholly Amended by Act No. 10791, Jun. 9, 2011]
| Article 11 (Lifting of Martial Law) |
| (1) | Where the situations of martial law under Article 2 (2) or (3) return to normal or the National Assembly requests the lifting of martial law, the President shall, without delay, do so and announce it. |
| (2) | Where the President intends to lift martial law pursuant to paragraph (1), he/she shall refer it to the State Council for deliberation. |
| (3) | The Minister of National Defense or the Minister of the Interior and Safety may recommend the President, through the Prime Minister, to lift martial law when the situations of martial law under Article 2 (2) or (3) have returned to normal. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
[This Article Wholly Amended by Act No. 10791, Jun. 9, 2011]
| Article 12 (Normalization of Administrative and Judicial Affairs) |
| (1) | All administrative and judicial affairs shall return to normal on and after the date when martial law is lifted. |
| (2) | Once emergency martial law is lifted, all the pending cases in military courts under Article 10 during the enforcement of emergency martial law shall be transferred to the jurisdiction of judiciary courts: Provided, That where the President deems it necessary, the jurisdiction of military courts may be extended within the limit of one month. |
[This Article Wholly Amended by Act No. 10791, Jun. 9, 2011]
| Article 13 (Privilege of Freedom from Arrest of Members of National Assembly) |
During the enforcement of martial law, no member of the National Assembly shall be arrested or detained unless he/she is flagrante delicto.
[This Article Wholly Amended by Act No. 10791, Jun. 9, 2011]
| Article 14 (Penal Provisions) |
| (1) | Any person who has received compensation under this Act by any deceit or other unjustifiable means, or any person who has paid compensation knowing the fact thereof shall be punished by imprisonment with prison labor for not exceeding five years, or with a fine not exceeding 30 million won: Provided, That where a triple of the relevant compensation exceeds 30 million won, the fine may be imposed up to the excess amount thereof. |
| (2) | The person who violates or fails to comply with any order given by the martial law commander under Article 8 (1) or the measures taken by the martial law commander under Article 9 (1) or (2) shall be punished by imprisonment with prison labor for not exceeding three years. |
| (3) | Any attempted crime prescribed in paragraph (1) shall be punished. |
| (4) | Imprisonment with prison labor and the fine referred to in paragraph (1) may be concurrently sentenced. |
[This Article Wholly Amended by Act No. 10791, Jun. 9, 2011]
ADDENDUM
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 3993, Dec. 4, 1987>
Article 1 (Enforcement Date)
This Act shall enter into force on February 25, 1988.
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 5454, Dec. 13, 1997>
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
ADDENDUM <Act No. 8021, Oct. 4, 2006>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 10791, Jun. 9, 2011>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended part of an Act which was promulgated before the enforcement of this Act, but the date on which it enters into force has not yet arrived, among the Acts amended by Article 6 of the Addenda, shall enter into force on the enforcement date of the relevant Act, respectively.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 12960, Jan. 6, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 14609, Mar. 21, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That among the Acts amended pursuant to Article 5 of this Addenda, amended parts of the Acts which were promulgated before this Act enters into force but the enforcement dates of which have not arrived, shall enter into force on the enforcement date of the relevant Act, respectively.
Articles 2 through 6 Omitted.