Protesters place “no” stickers on placards during a press conference condemning US President Donald Trump’s request for South Korea to send troops to the Strait of Hormuz in front of the US Embassy in Seoul’s Jongno-gu on Monday. (Yonhap) Debate intensified in South Korea on Monday over whether the National Assembly would approve a potential deployment of the Cheonghae Unit to the Strait of Hormuz, as experts and lawmakers raised legal and political questions about the potential mission.
Observers say that if Washington formally asks Seoul to dispatch forces to the strategic waterway, the issue of parliamentary consent could become the biggest variable shaping the government’s response.
The controversy follows remarks by US President Donald Trump on Saturday, who called on several countries — including South Korea — to send naval forces to help secure shipping in the Strait of Hormuz amid the conflict with Iran. Seoul officials said as of Monday, Washington has yet to officially request such military support.
In principle, South Korea’s overseas troop deployments are conducted under the Constitution and related legal procedures, with parliamentary approval generally required.
Article 60(2) of the Constitution grants the Assembly the authority to consent to declarations of war, the dispatch of South Korean troops abroad, or the stationing of foreign forces in the country. Article 5(1) of the Constitution also states that the Republic of Korea endeavors to maintain international peace and renounces aggressive war.
Based on this framework, South Korea’s overseas military activities have typically taken two forms: dispatching troops as part of multinational missions with parliamentary approval, or expanding the operational radius of units already deployed abroad.
There have been past cases in which an overseas deployment moved from a finalized government plan to parliamentary passage in as little as a month. But analysts say that under current circumstances, a rapid consensus on the role and size of any South Korean force sent to the Strait of Hormuz would be difficult to achieve, pointing out that the current situation could raise different legal and operational questions.
Kim Yeoul-soo, director of security strategy at the Korea Research Institute for Military Affairs, said the key issue is whether the mission would involve entering an active combat zone.
“(In 2020,) the government expanded the mission of the Cheonghae Unit so its operational area stretched from the Gulf of Aden to the Strait of Hormuz,” Kim said, referring to the 2020 case. “The unit was tasked not only with protecting South Korean commercial vessels but also with evacuating South Korean nationals if necessary.”
The expansion prompted debate in the Assembly over whether a new resolution was needed, but the mission eventually proceeded without additional approval.
“Despite the debate, the mission expansion was implemented without an additional parliamentary vote because the original resolution included a clause allowing the operational area to be expanded if necessary to carry out the mission,” Kim said.
Under South Korean law, overseas troop deployments generally require approval from the National Assembly. Parliament typically passes a troop deployment resolution specifying the mission, location, size of the force and duration of the deployment. If any of those key elements change, the government is normally expected to seek a new parliamentary vote.
The Cheonghae Unit, a naval task force established in 2009 for anti-piracy operations, was originally authorized to operate in the Gulf of Aden off Somalia to protect commercial vessels. The National Assembly renews the unit’s deployment each year.
In 2020, however, the government expanded the unit’s operational area to include the Strait of Hormuz after tensions between the United States and Iran escalated. The move triggered debate in parliament over whether a new vote was required because the mission area had changed. The government argued that additional approval was unnecessary, citing a clause in the existing deployment resolution allowing the unit to operate in “designated waters” when necessary to protect South Korean nationals. On that basis, the mission expansion proceeded without a new parliamentary vote.
“This time, however, the situation is different,” he added. “If the Cheonghae Unit were to enter an actual combat zone, we would need to consider whether the previous parliamentary approval is still sufficient or whether new consent from the Assembly would be required.”
Political reactions are also emerging across the political spectrum.
Rep. Song Eon-seog, floor leader of the main opposition People Power Party, said any deployment to the Strait of Hormuz must receive parliamentary approval.
“Dispatching warships to the Strait of Hormuz would be a major decision involving the possible combat engagement of our military,” Song said during a party leadership meeting at the National Assembly. “It is a matter that must receive the consent of the National Assembly in accordance with the Constitution and relevant laws.”
He also argued that relocating the Cheonghae Unit from the Gulf of Aden would effectively change the purpose of the original deployment.
“Moving the Cheonghae Unit from the Gulf of Aden to the Strait of Hormuz would constitute a military action that requires National Assembly consent,” Song said.
At the same time, some lawmakers from the ruling Democratic Party of Korea have also voiced concerns, reflecting rare bipartisan caution over the issue.
Rep. Lee Ki-heon said he planned to hold a one-person protest outside the US Embassy in Seoul opposing any troop deployment request.
“Dispatching our military forces would run directly counter to the spirit of our Constitution,” Lee wrote in a Facebook post, warning that participation in military operations in the Strait of Hormuz could make South Korea a direct target of Iran.
Rep. Kim Byung-joo of the Democratic Party also called for careful deliberation if Washington makes a formal request.
“If the US formally asks South Korea to send warships, the matter must be examined very cautiously,” Kim said. “We need to consider the complex political situation in the Middle East, our relationship with Iran, the South Korea-US alliance, the safety of our commercial vessels and the safety of our deployed forces.”
A South Korean presidential official said Sunday the government is closely monitoring Trump’s remarks and reviewing the situation in coordination with Washington.
“(The government) is closely watching developments in the Middle East and the responses of related countries while considering various measures to protect our citizens and ensure the safety of energy transportation routes,” the official said.
mkjung@heraldcorp.com