Legislative Research Office Calls for Punishment to Prevent Harms of 'Self-Resignation'

[Asia Economy Reporter Park Cheol-eung] The National Assembly Legislative Research Office has released a report highlighting the need for punitive regulations to prevent the abuse of 'self-expulsion' by proportional representation members to switch parties.

On the 17th, the Legislative Research Office proposed in its report titled "Issues and Amendment Directions Regarding the Retention of Parliamentary Seats upon Expulsion of Proportional Representation Members" the introduction of punitive provisions in the current Political Parties Act against misconduct or disruption of party order by proportional representation members.

According to Article 192, Paragraph 4 of the current Public Official Election Act, proportional representation members lose their parliamentary status if they leave or change their party affiliation; however, if they are expelled by their party, they may retain their seat.

The report stated regarding this provision, "It is sometimes exploited as a means to retain parliamentary seats while changing party affiliation, and even when the grounds for expulsion are clear, parties may avoid expulsion decisions to prevent the member from changing party affiliation, causing an anomalous situation."

It then presented New Zealand's 2018 election law amendment as an alternative, which stipulates that if two-thirds or more of the total members at a party meeting vote in favor, the member is expelled and immediately loses their parliamentary seat. However, considering the risk of 'immediate expulsion' being abused in factional disputes, the report suggested that it is preferable to establish punitive provisions that lead to retirement rather than immediate loss of the seat.

The report stated, "The introduction of punitive provisions can resolve the instability of the party political system caused by frequent party affiliation changes by proportional representation members and serve as an institutional mechanism enabling parties receiving state subsidies to effectively perform their function in shaping the political will of the people within representative democracy."

It added, "Since the 21st general election involves the implementation of a new electoral system, which may significantly increase the number of minor party candidates for proportional representation, the amendment holds great significance in legally preventing cases of abuse of expulsion decisions."

According to the report, since the opening of the 20th National Assembly in 2016 until January 23, there have been a total of 174 cases of members leaving their party (97 cases), rejoining (68 cases), and changing party affiliation (9 cases).

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