Court Rules Bareunmirae Self-Resignation 'Invalid'... "Serious and Clear Defect"

Loss of Parliamentary Seat if Not Joining Minsaengdang

[Image source=Yonhap News]

[Asia Economy Reporter Lim Chun-han] The court accepted the injunction request filed by the Minsaengdang Party demanding the cancellation of the expulsion procedure against eight proportional representation members of the National Assembly who had passed a 'self-expulsion' resolution during a party caucus meeting in the Bareunmirae Party era.

According to Minsaengdang on the 16th, the Seoul Southern District Court granted the injunction request against Assembly members Kim Sam-hwa, Kim Jung-ro, Kim Soo-min, Shin Yong-hyun, Lee Dong-seop, Lee Sang-don, Lee Tae-gyu, and Lim Jae-hoon. Accordingly, if the proportional representation members do not join Minsaengdang, the successor of Bareunmirae Party, they will lose their Assembly seats.

The court explained, "In principle, it is against the Constitution, the Public Official Election Act, the National Assembly Act, the Political Parties Act, and the legislative intent for a proportional representation member of the National Assembly to participate in a resolution concerning their own expulsion from a political party, so it should not be allowed. If a proportional representation member directly participated in the expulsion resolution against themselves within the party, there is a serious and obvious defect in that resolution."

The court added, "As of the 13th, the number of Assembly members belonging to the creditor (Minsaengdang) is 18, and adding the number of the debtors brings the total to 26. This significantly affects the formation of negotiation groups and the scale of subsidies to be received related to the 21st National Assembly election, so urgent circumstances are also recognized."

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