Legislative Responses to Recent Political Upheaval

Following the Constitutional Court’s decision to impeach former President Yoon Seok-yeol,South Korea’s National assembly is witnessing a flurry of legislative activity aimed at addressing perceived vulnerabilities in the nation’s legal and political systems. Several key bills have been proposed, reflecting a desire to prevent future abuses of power and ensure greater accountability.

Addressing Anti-Constitutional Acts: A Push for Accountability

Representative Min Hyung-bae has introduced a special bill focused on punishing those involved in anti-constitutional activities, specifically referencing the controversial December 3rd emergency martial law era. This bill seeks to establish a legal framework for investigating and prosecuting individuals who undermine the constitution.

The core of the proposed legislation lies in its aim to prevent the repetition of past injustices. According to Representative Min, the current legal system lacks sufficient mechanisms for identifying and punishing anti-constitutional actions. The bill directly addresses the spread of misinformation intended to justify actions that undermine the constitution.

We will enact special laws to prevent recurrence by punishing the rebellion,participating in the anti -constitutional actors,and identifying the truth about anti -constitutional actors through the 12/3 emergency martial law.

Representative Min Hyung-bae

key Provisions of the Special Act

The proposed Special Act outlines several key provisions, including:

• Establishment of a Special Committee for Anti-Constitution and Rebellion Investigation under the National Assembly.
• Mandate for the committee to investigate the truth behind anti-constitutional acts, examine false data, hear testimonies from victims, and develop preventative measures.
• Empowerment of the National Investigation Headquarters to conduct immediate investigations based on the committee’s findings, with semi-annual reports to the committee.
• Punishment for spreading false information related to the December 3rd emergency martial law, including imprisonment of up to five years or fines of up to 50 million won.

The inclusion of punishment provisions for disseminating false information is particularly noteworthy. This aspect of the bill targets individuals who, even without direct involvement in the December 3rd emergency martial law, actively promote or defend anti-constitutional actions through online platforms or public speeches.

Streamlining Presidential Transitions

Recognizing the potential for disruption following the impeachment and subsequent early presidential election, Representative Min also proposed legislation to facilitate smoother presidential transitions. This bill focuses on establishing a National Acquisition Committee within 60 days of the new president’s term, ensuring a more organized transfer of power.

The urgency of this measure stems from the fact that the newly elected president assumed office promptly after the election results, bypassing the traditional transition period. This lack of readiness could hinder the president’s ability to address critical national issues effectively.

Protecting Presidential Records: Preventing Concealment and Ensuring Transparency

Representative Yong Hye-in of the Basic Income Party has introduced the “Presidential Records Management Act,” also known as the “Civil Records Concession Prevention Act.” This bill aims to prevent the arbitrary concealment of presidential records, particularly in cases of impeachment, and to ensure greater transparency in information disclosure.

The impetus for this legislation is rooted in concerns about potential abuses of power and the need to safeguard crucial past documents. The bill seeks to restrict the transfer of records in cases involving information disclosure and to secure the transfer period of presidential records following an impeachment.

We must prevent the arbitrary concealment of the president and the authority.

Representative Yong Hye-in

Addressing Past Controversies

A key provision of the bill addresses concerns raised by the “Sewol ferry 7-Hour Documents” controversy,where sensitive presidential records were transferred to the Presidential Archives for over a decade,effectively shielding them from public scrutiny. The proposed amendment aims to prevent similar situations by ensuring that presidential records subject to information disclosure lawsuits remain accessible until the legal process is complete.

Looking Ahead

These legislative initiatives reflect a broader effort within the South korean National Assembly to address the fallout from the recent impeachment and to strengthen the nation’s democratic institutions. The passage and implementation of these bills could have a critically important impact on the future of South Korean politics, promoting greater accountability, transparency, and stability.