“As long as the issue of the voter list is sorted out, legislation (for holding a referendum) is not that difficult.”
President-elect Jang Je-won said this on the 28th of the National Election Commission’s rejection of the proposal to put the pros and cons of the so-called “completely deprived of the prosecution’s investigation authority” in a referendum on the 28th, saying it is “impossible.” This means that if the current referendum law loses its effect due to the Constitutional Court’s decision to be inconsistent with the constitution and becomes an obstacle to the implementation of the referendum, the National Assembly should amend it. In addition to the public opinion contest to hold a national referendum, Yoon-elect’s side is also considering a plan to propose a new amendment to the referendum law in order to break through the scrutiny of the government.
●“The amendment of the National Assembly law is the fastest”… pressure to change the law
Director Jang met with reporters on the same day and said, “Isn’t it ‘excessive power’ for the National Election Commission to unilaterally say ‘no’?” He also expressed displeasure, saying, “The National Election Commission is a consensus system.” It is interpreted that he actively responded to the criticism of Yoon-elect’s proposal for a referendum as an ‘impossible proposal’.
Director Jang continued, “(For the realization of the referendum), it is most important for the National Assembly to make legal supplements.” ‘Legal supplementation’ refers to the revision of the referendum law, which was decided in July 2014 to be inconsistent with the Constitution, saying that it “infringes on the voting rights of overseas citizens.” In July 2020, the amendment was submitted to the National Assembly at the initiative of Rep. Kim Young-bae of the Democratic Party of Korea, but it has been pending before the Special Committee on Political Reform due to a lack of interest from the ruling and opposition parties.
However, even if this amendment is passed, it will not be easy to hold a national referendum along with the June 1 local elections, as expected by President-elect Yoon. The amended bill stipulates that ‘a referendum on important policies must be announced by the president by 60 days before the date of the referendum’. There is only one month left until the June 1 local elections. In response, Yoon-elect’s side is even trying to propose a new amendment to the referendum law in the direction of advancing the notice period of the agenda. It is reported that the People’s Power-elected secretary’s office and Representative Yoo Sang-beom of the National Assembly’s Legislative and Judiciary Committee are discussing the matter.
尹’s side to review the proposal for amendment to the referendum law
Controversy still rages over whether or not the censorship is an ‘important policy’ related to foreign affairs, national defense, unification, and other national security, which is a requirement for a referendum under the Constitution. On this day, the Democratic Party’s counter-proposal to the power of the people, “Let’s pass the amendment to the referendum law proposed by Rep. Kim first,” is also interpreted as a measure taking these regulations into account. Park Hong-geun, floor leader of the Democratic Party, pointed out, “The sudden request to hold a referendum that does not meet the constitutional requirements is a united body of the people’s power, the prosecutor’s office, and Yoon-elect and the transition committee to defend their investigative authority.”
Accordingly, there are many observations that it is not easy to overcome the wall of the National Assembly even if the power of the people proposes the amendment to the referendum law on their own. Nevertheless, Yoon-elect plans to continue various movements to realize the referendum. “Even if it is difficult to amend the law in reality, it can highlight the fact that the referendum was not reached due to opposition from the Democratic Party ahead of the June 1 local elections,” said an official from Yoon’s side.
Attorney Shinpyeong (former president of the Korean Constitutional Association), who spread the issue of censorship and referendum mainly in the legal circles, also strengthened, saying, “Despite some flaws in the referendum law, the right to vote on the presidential referendum is still alive.” The lack of sub-norms could not limit the powers of the President under the Constitution.
Reporter Jangseok [email protected]
Reporter Hoon Park [email protected]
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