Research Commissioned by the National Election Commission: "National Recall System for Members of the National Assembly Possible Without Constitutional Amendment"

On the 30th, two days before the legal deadline for the passage of next year's 560 trillion won budget bill, the National Assembly flag can be seen beyond the traffic lights inside the National Assembly. The ruling and opposition parties continue to have intense conflicts over the suspension of Prosecutor General Yoon Seok-yeol and the passage of the High-ranking Officials' Crime Investigation Act. Photo by Yoon Dong-ju doso7@

[Asia Economy Reporter Park Cheol-eung] An analysis commissioned by the National Election Commission (NEC) suggests that the implementation of a recall system for National Assembly members is possible without amending the Constitution. With six related bills already proposed, this could serve as a catalyst to accelerate discussions.

According to the NEC on the 1st, a research team from Inha University Industry-Academic Cooperation Foundation, including Professor Lee Kyung-joo, recently submitted the final report for the NEC research project titled "Study on the Introduction of a Recall System for National Assembly Members."

The report examined constitutional issues, interpreting Article 42, which states "The term of office for National Assembly members shall be four years," as a maximum guarantee rather than a minimum guarantee. In the 21st National Assembly, Democratic Party members Min Hyung-bae, Kim Byung-wook, Park Joo-min, Park Young-soon, Lee Jung-moon, and Open Democratic Party member Choi Kang-wook each introduced bills for the recall system of National Assembly members. While some argue that constitutional amendment is a prerequisite, this study dismisses that view.

The research team pointed out that the Korean Constitution, unlike the French Constitution, does not reject the recall system, and that National Assembly members have evolved into a "semi-representative system" where they cannot ignore the will of voters. The team emphasized, "National Assembly members are strongly bound, either directly or indirectly, by the will of voters and are also seeking to bear political responsibility," adding, "The recall system is a typical mechanism for holding National Assembly members accountable."

Although Korea practices representative democracy, it has allowed national referendums and citizen initiatives on state affairs. The Constitution previously stipulated the right of citizens to propose constitutional amendments, and national referendums can be held on critical matters concerning national security. Furthermore, local councils have been implementing recall systems since 2007 under the 'Act on Recall of Local Council Members.' The research team concluded, "It is considered possible to promote legislation for the recall system without amending the current Constitution."

Last year, the Blue House responded to a national petition supporting the introduction of the recall system for National Assembly members, which garnered over 210,000 signatures, stating, "Even if the National Assembly does not act or a serious situation arises, the sovereign people have no way to check National Assembly members," and added, "Now the National Assembly must respond."

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