National Assembly Foreign Affairs Committee Presents 'Act on the Conclusion and Ratification Procedures of Treaties'
Expansion of National Assembly's Influence on Treaty Ratification... Transparency and Democracy Expected to Improve
"THAAD Ratification Controversy May Disappear"

[Asia Economy Reporter Naju-seok] Discussions on legislation to strengthen the National Assembly's control over the President's authority to conclude international treaties have officially begun. Although the government opposes it, calling it an 'excessive restriction,' the National Assembly's strong will to resolve a 29-year-old controversy makes the possibility of passing the bill high. If the law passes, controversies over whether National Assembly ratification is necessary, as was the case during the past deployment of THAAD (Terminal High Altitude Area Defense), can be resolved.


On the 18th, the National Assembly's Foreign Affairs, Unification, and Security Committee held a plenary meeting to discuss the 'Act on the Procedures for the Conclusion and Ratification of Treaties,' which was introduced by Representative Hong Ik-pyo of the Democratic Party of Korea, marking the start of serious discussions. Attention is focused on whether this law, which has been discussed in the National Assembly for 29 years since its introduction as a reform bill by the Democratic Liberal Party in 1992, will finally see the light of day. Similar bills have been submitted in every National Assembly but have repeatedly been discarded due to opposition from the government and others.

Foreign Minister Chung Eui-yong is attending the Foreign Affairs and Unification Committee plenary session held at the National Assembly on the 18th, responding to questions from lawmakers. Photo by Yoon Dong-ju doso7@

Foreign Minister Chung Eui-yong is attending the Foreign Affairs and Unification Committee plenary session held at the National Assembly on the 18th, responding to questions from lawmakers. Photo by Yoon Dong-ju doso7@

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Our Constitution grants the President the authority to conclude and ratify treaties (Article 73) and grants the National Assembly the right to consent (Article 60, Paragraph 1). However, due to the absence of related procedural laws, the National Assembly's consent right has been used restrictively. According to the Foreign Affairs Committee, as of January this year, South Korea has concluded 3,379 treaties, but only 707 (20.9%) of these have gone through National Assembly consent. This is because the government can decide whether National Assembly consent is necessary.


For example, during the introduction of THAAD in 2016, opposition parties requested the government to submit for ratification consent, but the government did not accept it. Similar controversies occurred with the Korea-Japan Military Information Protection Agreement and the Korea-UAE secret military agreement. Moreover, when a request for consent is made to the National Assembly after a treaty is concluded, the National Assembly can only decide whether to accept it without the authority to amend it. The bill prepared by Representative Hong and others aims to secure transparency in the process by requiring the government to submit plans for treaty conclusion and report on the discussion status.



The Ministry of Foreign Affairs and others still hold a negative stance on the legislation. Foreign Minister Chung Eui-yong stated in the National Assembly, "From the perspective of the separation of powers, it is not desirable for the law to be amended in a way that excessively restricts [the President's authority], which is the consistent position of the Ministry of Foreign Affairs." Notably, this bill was introduced by Representative Hong, who is the policy chief of the ruling party, and among those who participated in the bill's introduction is Song Young-gil, chairman of the Foreign Affairs and Unification Committee and a member of the Democratic Party. Lee Jae-jung, a Democratic Party member of the Foreign Affairs Committee's bill subcommittee, demanded a change in the Ministry of Foreign Affairs' stance, saying, "There is clearly a need for prior coordination and consultation by the National Assembly on treaties related to the rights and obligations of the people or those that impose financial burdens."


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