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Is South Korea's President a 'Monarchical' Figure? America's Decentralized Power DNA! : The Constitutional Amendment Issue Raised by a 2.5-Hour Martial Law Declaration

  • Written Language: Korean
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Created: 2024-12-11

Created: 2024-12-11 23:50

President Yoon Suk-yeol's declaration of martial law, retracted after only two and a half hours! This significant event in Korean constitutional history has plunged the nation into a presidential impeachment crisis. However, there's something unsettling about this incident; it's not simply a "happening." It starkly revealed the excessive power concentrated in the hands of the South Korean president, the so-called 'emperor-like presidential system'.

1. The South Korean President's 'Super Power': Martial Law!

The South Korean Constitution grants the president the powerful authority to "declare martial law." In a national emergency, the president gains the formidable power to deploy the military to maintain order. While a mechanism exists for the National Assembly to request the revocation of martial law, the swift declaration and revocation in this case raise questions about the sufficiency of this check and balance.

2. USA: "Wait! Mr. President, Martial Law? What's That?"

Now, let's examine the United States. Surprisingly, the term 'Martial Law' doesn't appear in the U.S. Constitution! Instead, the power to deploy the military in emergencies is shared between Congress and the President.

Congress: Holds the power to call up the National Guard to suppress insurrections, etc. (Article I, Section 8)

President: As Commander-in-Chief, commands the military with the consent of Congress. (Article II, Section 2)

State Governments: Also have the authority to mobilize their own state militias. (Article IV, Section 4)

In short, the United States avoids concentrating power, especially regarding military deployment, and instead distributes it. This reflects the Founding Fathers' deep-seated commitment to guarding against the dangers of concentrated power and upholding democracy through checks and balances. It brings to mind the adage, "Absolute power corrupts absolutely."

3. South Korea, the Shadow of the 'Emperor-like Presidential System': Constitutional Amendment, No More Delays!

The South Korean president often wields significantly more power than the U.S. president. The term 'emperor-like presidential system' isn't used lightly. While strong presidential leadership can be efficient, the risk of abuse of power, as seen in the recent martial law incident, always exists.

This incident should trigger serious discussions on constitutional amendments to decentralize presidential power and strengthen the National Assembly's oversight functions. Matters significantly impacting citizens' fundamental rights, such as martial law, require more careful procedures and stronger control mechanisms.

4. "One-Point Amendment? Let's Restructure the System This Time!"

Simply amending the clauses related to martial law is insufficient. This opportunity demands a fundamental constitutional amendment to resolve the chronic issue of the 'emperor-like presidential system' and institutionalize power decentralization and cooperation.

Constitutional amendment is not easy. However, the martial law incident sends a powerful message: "We can no longer delay constitutional reform." Serious discussions and bold decisions are needed to build a more mature democratic system, backed by national consensus.

5. Democracy is a 'Work in Progress': The Power of Vigilant Citizens!

Democracy is not a completed system; it's a 'work in progress' that must be continuously developed. This incident reminds us of the importance of ongoing attention to and monitoring of the Constitution and power structures. Only vigilant citizens can build true democracy. We ourselves are the agents of change!

What do you think? To add interest and appeal, I used colloquial expressions and focused on emphasizing the need for constitutional reform. Please let me know if there are any parts you want to modify or add!

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