계엄 포고령(布告令) 연구-1961년, 1972년, 1979년 계엄 포고와 공고 등을 중심으로-

In the constitutional history of the Republic of Korea, the first emergency martial law was declared in October 1948 in response to the Yeosu-Suncheon Rebellion. In November of the same year, martial law was also imposed on Jeju Island following the April 3rd Jeju Uprising. Former President Rhee Syngman declared martial law in May 1952 during the Korean War to push through a constitutional amendment introducing direct presidential elections. Former President Park Chung-hee seized power through the May 16 military coup in 1961 and declared nationwide martial law. On October 17, 1972, he declared emergency martial law, dissolved the National Assembly, suspended political activities, and paralyzed key constitutional functions in an effort to establish permanent rule through a de facto coup d’état. Following Park’s assassination on October 26, 1979, emergency martial law was declared and later expanded nationwide on May 17, 1980. It remained in effect until January 1981. On December 3, 2024, at 10:23 p.m., then-President Yoon Suk-yeol appeared on television and announced, “To eliminate pro-North Korean, anti-state forces and uphold the free constitutional order, I hereby declare an emergency martial law.” This marked the first declaration of such a measure in 45 years since the 1979 incident, and the first nationwide declaration in 44 years since the martial law expansion of May 17, 1980. The Constitution states that “when a state of emergency is declared, special measures may be taken regarding the warrant system, freedom of the press, assembly, and association, and the authority of the government or courts, in accordance with the provisions of the law.” Upon declaration, the responsibilities of the martial law commander and the details of the special measures, as specified in the Martial Law Act, must be made public through statements, proclamations, warnings, or notices. Furthermore, orders and directives must be issued to relevant government agencies and regional commanders. Previous studies on martial law have primarily focused on the constitutional and legal structure of the martial law system and the Martial Law Act. However, during emergency martial law, proclamations play a more immediate and powerful role. Despite their capacity to restrict constitutional rights and affect the daily lives of citizens, these proclamations have received limited attention in constitutional scholarship. This paper argues for the necessity of examining the content and legal effect of proclamations and announcements issued since the founding of the government, particularly focusing on their practical impact. It analyzes the political and social contexts of the martial law declarations of 1961, 1972, and 1979, and reviews the proclamations and announcements that followed each declaration.