Maritime State of Exception: An Agambenian Analysis of the ROK Cheonghae Unit Deployment

Abstract

This study employs Giorgio Agamben’s ‘State of Exception’ theory to analyze the legal and institutional implications of the Republic of Korea’s(ROK) Cheonghae Unit deployment. The ROK’s traditional maritime security policy has been overly reliant on the threat posed by North Korea, leading to a strategic structural vulnerability. Consequently, the deployment of the Cheonghae Unit, which occur in a legal vacuum (anomie), can be interpreted as a normalization of the state of exception. This research identifies the risk that kidnapped seafarers and deployed military personnel may face in terms of being reduced to the status of ‘bare life’—a condition characterized by ambiguous legal protection. This situation prompts an exploration of sustainable policy alternatives. The continued reliance on simple National Assembly consent for the Cheonghae Unit’s deployment indicates a trend where what should be considered an exceptional measure has transformed into a regular governmental practice. This mechanism allows sovereign power to maintain maximum discretion without the constraints of law, thereby weakening democratic oversight and increasing the risk of an unintended emergence of the state of exception in response to exogenous structural changes. To mitigate these risks and re-establish the rule of law, there is a structural imperative to enact statutory legislation that clearly defines the purpose, scope, and legal mandate of the Cheonghae Unit. Such legislation would effectively address the legal vacuum and clarify the state’s responsibilities, providing a practical solution.