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South Korea Moves to Amend Constitution, Tighten Martial Law Rules

South Korea's Cabinet has approved a motion to amend the Constitution, setting in motion a legislative process that could lead to a national referendum. The proposed changes aim to formally incorporate the spirit of past pro-democracy movements, including the 1980 Gwangju uprising, into the document's preamble. A key provision seeks to tighten the requirements for declaring martial law, mandating swift parliamentary approval. President Lee Jae Myung has called for bipartisan support, hoping the referendum can coincide with local elections in June.

Key Points: South Korea Cabinet Approves Constitutional Amendment Motion

  • Cabinet approves constitutional amendment motion
  • Aims to include 1980 Gwangju uprising in preamble
  • Seeks to tighten martial law declaration rules
  • Requires National Assembly two-thirds majority & referendum
2 min read

South Korea's Cabinet approves motion to amend texts in Constitution

South Korea's Cabinet approves a motion to amend the Constitution, aiming to include pro-democracy movements and tighten martial law declaration rules.

"Bipartisan cooperation is needed to advance constitutional amendments to the best extent possible. - President Lee Jae Myung"

Seoul, April 6

South Korea's Cabinet approved a motion Monday to amend some texts in the Constitution, setting the stage for the National Assembly to vote on the proposed amendment, and, if passed by lawmakers, the amendment will be put to a national referendum.

The move comes after 187 lawmakers from the ruling Democratic Party and five minor parties jointly proposed the bill on Friday to tighten the requirements for declaring martial law and incorporate the spirit of past pro-democracy movements into the Constitution. The main opposition People Power Party has not joined the move, reports Yonhap news agency.

With the Cabinet's approval, President Lee Jae Myung is required to put up a public notice of the proposed amendment for at least 20 days to give citizens time to review it.

The National Assembly is then required to vote on the bill within 60 days of the public notice, where it must secure a two-thirds majority to pass.

If the bill is approved between May 4 and 10, a national referendum could be held alongside the June 3 local elections. The amendment must win both a majority turnout and majority approval to be finalised.

The proposal aims to include the 1980 pro-democracy uprising in Gwangju and the 1979 Busan-Masan pro-democracy protests in the preamble. It currently states that the country inherits the spirit of the April 19 revolution in 1960, which overthrew South Korea's first president, Rhee Syng-man, over election fraud.

The bill also seeks to tighten the requirements for declaring martial law, requiring the president to obtain parliamentary approval without delay and stipulating that if the National Assembly rejects the declaration or fails to approve it within 48 hours, the martial law will be immediately nullified.

During a Cabinet meeting, Lee called for bipartisan support for the constitutional revision to reflect social changes since the Constitution was last amended in 1987.

"There is broad consensus on the need to revise the Constitution to better reflect changes in society nearly 40 years after its last revision," he said. "Bipartisan cooperation is needed to advance constitutional amendments to the best extent possible."

He said there appears to be no disagreement over reflecting key pro-democracy movements in the Constitution's preamble and tightening requirements for imposing martial law, expressing hope that the referendum will take place in time for the local elections.

"On issues that all political forces have explicitly agreed upon, it appears possible to pursue constitutional amendments alongside the upcoming local elections," he said.

- IANS

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Reader Comments

R
Rohit P
Tightening martial law provisions is a crucial safeguard. No leader should have unchecked power to suspend civil liberties. The 48-hour parliamentary approval clause is a strong check. We've seen how emergency powers can be misused; every democracy needs these kinds of limits.
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Aditya G
Interesting to compare with our process. Their amendment needs a two-thirds majority in parliament AND a majority in a referendum. In India, it's a special majority in Parliament. Their bar seems higher for fundamental changes. The opposition not joining is worrying though—constitutional changes should ideally have wider consensus.
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Sarah B
While I respect the intent, timing it with local elections feels a bit strategic. Could sway voter turnout and sentiment. Constitutional amendments deserve a standalone, focused national debate, not to be bundled with other polls. Hope the citizens get a clear, un-politicized choice.
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Karthik V
Including the Gwangju uprising is powerful. It's like formally honoring the sacrifices of those who fought for democracy. Every country has these pivotal moments. Makes me think of our own freedom struggle being the soul of our Constitution. Good move by South Korea.
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Michael C
The President's call for bipartisan support is key. If the main opposition party isn't on board, it creates a rift. Constitutional changes should unify, not divide. Hope they find common ground before the vote. The 1987 last amendment is a long time ago—updates are indeed needed.

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