Foreign Relations of the United States, 1969–1976, Volume XIX, Part 1, Korea, 1969–1972

160. Telegram From the Embassy in Korea to the Department of State¹

Seoul, October 16, 1972, 1349Z.

5969. Dept pass SecDef immediate: pass CINCPAC priority. Subject:ROKG Declaration of Martial Law and Plans for Fundamental Government Reform. Summary:Prime Minister Kim Chong Pil informed me October 16 of details involving the declaration of martial law throughout ROK at 1900 hours on October 17. At the same time fundamental changes involving constitutional amendments and national referendum will be announced. Proposal involves indirect election of President in December by an electoral group and later reconstitution of the National Assembly, which is being dissolved as of October 17. The Prime Minister said the government was taking these actions in order to maintain firm and stable situation in Korea. End summary.

1. I was called to the office of Prime Minister Kim Chong Pil at 1800 hours on October 16. He said that he had asked to see me because he had some surprising news. Korea is in a difficult situation and in order to cope with its problems it cannot act only in an idealistic way alone. Therefore the ROKG has reached the conclusion that it should perform a constitutional reformation. More than ever the ROK is confronted with difficult circumstances and internal and external challenges. In order to cope with them they have reached certain conclusions. They should not hesitate to adopt whatever measures are necessary to maintain a firm and stable situation. If this means resorting to emergency measures they should not hesitate. They should adapt themselves to cold reality and, as necessary, supplement discrepancies in the existing constitution and correct unreasonable aspects of their system. Thus if this required extreme measures they should proceed.

2. Kim went on to say that in the course of reaching this decision ROKG had given long deliberation as to whether such a decision would affect the U.S. elections. But their own analyses had concluded that President Nixon would be overwhelmingly elected and that their actions would have no effect on U.S. elections. They also believe that these reforms should be taken immediately and completed within this year. He was informing me twenty-four hours in advance as they believed it to be a courtesy to inform us before the action was announced. He hoped for U.S. understanding and asked that the information he was about to divulge be kept secret until made public by his government.

3. Effective 1900 hours October 17 the following actions would be taken: (a) The National Assembly will be dissolved. (b) All political activities will be suspended. (c) Martial law will be declared throughout the land. At the same time a special proclamation would be published by the President in which the reasons behind these actions will be explained as well as the actions to follow. He then handed me a copy of the Presidential proclamation in English. Also adopted were an English translation of the formal proclamation of the martial law and the first proclamation of the martial law commander. Each of these being transmitted in septels.²

4. Prime Minister Kim said that within ten days, i.e. October 27, a constitutional amendment will be announced and offered in a national referendum on or about November 17. Provided the national referendum is approved, one month later, on or about December 17, a presidential election will be held. This election will be conducted by an electoral group, which will be known as a National Conference for Unification. In other words there would first be an election for electors and they in turn will elect the President. Therefore the presidential election will be completed before Christmas and the constitutional functions normalized before the end of the year, that is to say an amended constitution will be in place. Under this amended constitution a new National Assembly will be elected within six months from the date the national referendum is held and the amendments approved.

5. Martial law will be lifted following the national referendum (assuming approval). Under martial law normal governmental functions will continue except that political assembly and political activity will be prohibited.³ All colleges and universities will be closed. Prior censorship will be imposed on all public media. Curfew hours will not change.

6. The Prime Minister said that martial law is being proclaimed in order to prevent the disorder and chaos that may arise as a result of the measures that are planned. The constitutional amendments to be presented are still under study but certain general ideas are being followed. In their view the essence of an open society is to have elections but an electoral system is a vulnerable point particularly in a country like Korea where repeated elections increase the vulnerability of the society. To remedy this, it is agreed that the tenure of the President and the National Assembly should be extended. Therefore they will be elected for a period of six years and for no more than two terms. In the past presidential elections have resulted in a great deal of waste, disorder and confusion, the Prime Minister said. So they have reached the conclusion that it is better to have indirect elections in place of direct elections.

7. The indirect elections would be conducted through an electoral group with one elector to come from each myon, dong and eup.⁴ This would mean about 3,500 electors. This figure is not firm. They consider the ideal number to be somewhere between 3,000 and 5,000 persons. At this point I asked if electors would be chosen regardless of population. The Prime Minister replied that this matter was still under study. It was generally favored to do it by administrative unit but some thought was being given to taking population into consideration.

8. The National Conference for Unification (the electoral group) will have three functions: (a) The election of the President. (b) Deliberate and decide the method for reunification of Korea. When it does so it will be presided over by the President. (c) To confirm appointed members of the National Assembly who will be nominated by the President.

9. The new National Assembly will consist of members from each of the present constituencies plus one third to be nominated by the President. This one third replaces the present proportional representation in the Assembly. By this process, the Prime Minister went on, the President will be provided with a stable majority in the National Assembly. In the past, to obtain a stable majority in the National Assembly, the government has had to resort to various undesirable methods. Now, whoever is elected President will have a stable majority. This will eliminate the irregularities that have so often taken place in order to get a majority in the Assembly, he added.

10. The President will also have the power to dissolve the National Assembly. The National Assembly will have the right to vote non-confidence in the Cabinet. The Assembly sessions will be limited to not more than 150 days a year. A regular session of three months and not more than two extraordinary sessions of thirty days each. However, the President can call a special session whenever he pleases, as necessary. Moreover, provisions would be made for “important issues” to be referred to a national referendum instead of as present permitting only constitutional changes to be referred to national referendum.

11. The Prime Minister said that the above were the major [garble]involved. He repeated that further study was still under way particularly on such things as the relationship between the legislative and executive bodies. He said the primary purpose of this reformation was to reorganize the government in order to enable it to carry out “future changes” with “versatility”. During the period before a new National Assembly takes office, necessary legislative action will be taken by the Cabinet.

12. As far as martial law is concerned, he went on, the martial law commander would be the chief of staff of the army. Martial law troops would be under the Capital Security Command. They will remain in their present locations on an alert status.

13. The Prime Minister said thus within the next two months the government would perform the necessary reformation and normalcy would be restored except for the new National Assembly. More thorough studies are still in process as to details on these actions and he will keep me informed as necessary. The Prime Minister ended by saying he looks to us for our understanding. Through this reform his government hopes to cope with the rapidly changing situation around them and to cope with the dialogue with the North. Finally he said that the meetings with the North will go on as scheduled. He asked me if I had any questions. I replied it appeared that the Prime Minister was informing me of the government’s decision and not asking me for our reaction or opinion. He nodded. I said I had a few questions to ask.

14. When he spoke of maintaining a stable situation, did this mean that he thought they did not have a stable situation at present? He replied a stable situation existed but there is always the danger it will be undermined and the government wishes to be prepared for such a chance for some time to come. I asked where the danger he spoke of comes from? He said internally and externally. Internally through the weakness of the present electoral system as he had pointed out above. Externally, through developments surrounding them, such as dealings between big powers which affect them and over which they have no control. And also in order to cope with the North.

15. I noted his statement that political activity would be prohibited after martial law, does this mean there would be no political activities permitted prior to referendum? He said that was correct and that as soon as the constitutional amendment is approved then political activities will be allowed in time for the National Assembly elections. I asked if political activity would be permitted for the elections of the National Conference for Unification. He said political activity by political parties would not be permitted. At this point, without reference to anything else, the Prime Minister said if the national referendum is rejected by the public it will be taken as a sign that the people did not want the government to continue the dialogue with the North and “measures will be taken”. Thus martial law would continue.

16. I said then there would be no political discussion of the referendum permitted. Not by political parties he replied. However, the amendment will be explained to the people who will then be permitted to decide yes or no. They felt the people had enough knowledge, so the government will explain it as it is and let the people decide. I asked if anyone would be able to campaign or explain a position contrary to the amendment, in other words would anyone else be allowed to solicit no votes. He said this would not be possible. Neither the opposition party nor the government party would be able to conduct political activity. Only facts will be given to the people and they can then decide.

17. I asked how presidential candidates would be presented to the National Conference for Unification. He said this had not been decided finally. Whether the conference will choose the President on its own or let the people present themselves as candidates to the electoral body was still under study. I asked him what he expected the reaction in the country would be. He said the immediate reaction would be “shock.” There might be some disturbances but he is certain the stituation will return to normal and the referendum conducted in good order.

18. I asked him what he thought international reaction would be. He said he expected there would be a lot of adverse comment but as the reform would be completed within the year and normalcy restored, the situation would then be better understood. These measures were designed to assure the Koreans a strong and effective system for their own survival. International understanding would be enhanced as the Korean people showed their understanding and cooperated with the government.

19. I asked if this action was taken within or outside the present constitution. He said they intended to amend certain parts of the constitution but leave the rest unchanged. I noted the present constitution does not provide for the process he had outlined. He said this was true and certain measures would have to be taken outside the constitution. I told him this was a very fundamental step and I was not going to give him an off-hand reaction. I would inform Washington immediately. His government had obviously decided to go ahead with these actions. If Washington had any opinion or reaction insofar as these actions affected us, I would be in touch with him. Nevertheless he could expect there will be considerable public comment and the actions taken certainly would have an effect on what people think and do in regard to Korea. I said these were very serious steps being taken by his government and just as he had expressed to me the opinion they would be received with some shock internally, I expected they would also be something of a shock internationally. He replied they expected this but hoped people would understand.

20. He said he would be available to me at any time if I had any further questions. (Country Team comments will follow in septel.)⁵

Habib

1. Source: National Archives, Nixon Presidential Materials, NSC Files, Box 543, Country Files, Far East, Korea, Vol. V, 1 Jan–31 Dec 1972, Part 2. Confidential; Immediate; Exdis. Repeated to Tokyo.
2. Not further identified.
3. The state of martial law was lifted on December 13, although the ban on political parties continued.
4. District, neighborhood, and town.
5. Not further identified.