한국전쟁 시기 계엄의 성격

Abstract

After outbreak of Korean War, Korea Government declared Emergency Martial Law(state of siege) on July 8, 1950, and expanded it to Jeolla region and whole north area above 38 line. The general administrative and jurisdictional power was attribute to Martial Law Commander under the Martial Law. To whom violated Presidential Special Order(特別措置令), Articles for the Government of the Korean Constabulary(國防警備法) and National Security Act(國家保安法), arrests and detentions without arrest warrant and severe sentences in martial court are applied. When war went into a deadlock in 1951, the National Assembly requested clearance of Martial Law. Korea Government and the military switched 'Emergency' Martial Law(非常戒嚴) to 'Precautionary' Martial Law(警備戒嚴) and partially cleared Martial Law on regional basis. Therefore, Martial Law continued its enforcement throughout the Korean War period. The maintenance of Martial Law Status was continued for the purpose of removal of war collaborators(附逆者), political prisoner and political goals. President Syngman Rhee expanded his power by declaring Martial Law. During Busan Political Upheaval in 1952, Rhee used Martial Law for oppression the opposition party and constitutional amendment. During Korean War, Korea Government and the Military executed Special Measures, used repetitive anti-communism civil training controled on political parties and civil groups and strengthened the administrative organization as means for control, surveillance and political mobilization. Those above mentioned made Martial Law, as Giorgio Agamben said, a 'norm' to whole society.