Constitutional Amendment Debate Rekindled Over 'Cheongnyeon'... President & Land Public Concept

'Lee Jun-seok Phenomenon' Opens Discussion on Constitutional Amendment
Presidential Candidates Compete in Advocating Amendment... Many Demand Mid-Term and Consecutive Presidential Terms

Speaker of the National Assembly Park Byeong-seok, Democratic Party Floor Leader Yoon Ho-jung, and People Power Party Deputy Floor Leader for Policy Chu Kyung-ho attended the remote video conference demonstration session held at the National Assembly Budget and Accounts Committee meeting room on the 25th, touring the conference hall. Photo by Yoon Dong-ju doso7@

[Asia Economy Reporters Park Cheol-eung, Geum Bo-ryeong, Park Joon-i] "Our politics has become a system where the next presidential election begins the day after the current one, leading to extreme political strife and confrontational dynamics becoming the norm, and a vicious cycle of fighting for regime creation rather than people’s livelihood is repeated." This succinctly explains the problem of the five-year single-term presidency. However, it feels hollow considering this was said by former President Park Geun-hye in a speech on October 24, 2016. She had consistently opposed constitutional amendments but, in an attempt to somehow avoid the crisis caused by the state affairs manipulation scandal, hastily proposed the constitutional amendment card. This is a dramatic example showing both sides of the constitutional amendment debate.

◆The hot issue in Korean politics, ‘youth,’ becomes the spark for constitutional amendment...= The current constitution has remained unchanged for 34 years since the 1987 democratization movement led to the direct presidential election amendment. Since 1987, every president has pursued constitutional amendments involving the cabinet system and a four-year renewable presidential term, and it has been a staple campaign promise for every presidential candidate. Although many have argued that the ‘old garment’ no longer fits the times and needs revision, as seen in former President Park’s case, there have also been many instances where amendments were pursued for political motives.

Even now, about eight months before the presidential election, constitutional amendment discussions are inevitably surfacing. What’s different this time is that the so-called ‘Lee Jun-seok phenomenon’ has opened the door. Politically, interest in the youth generation has grown, and a young leader has risen, but the constitutional provision restricting the presidential eligibility age to 40 and above has come under scrutiny. Both ruling and opposition parties are discussing the need for constitutional amendments to allow presidents in their 30s (or even 20s). The constitutional amendment train has been equipped with a powerful engine.

Through this opening, long-discussed megaton-level issues are being brought to the table. Former Democratic Party leader Lee Nak-yeon officially proposed a constitutional amendment on the concept of public land ownership, and former Prime Minister Chung Sye-kyun officially raised the issue of a presidential re-election system. Gyeonggi Province Governor Lee Jae-myung acknowledges the need for constitutional amendment but believes the timing is not right.

◆Only about 10 countries have a single-term presidency= Regardless of political motives, it is difficult to deny the necessity of constitutional amendment itself. According to a survey conducted last month by the Korean Constitutional Law Association among its members, 77% supported constitutional amendment. The top reasons for support were ‘to adjust the powers or terms of the president or National Assembly’ and ‘to strengthen new fundamental rights and human rights protections,’ both rated similarly high.

Globally, there are about 90 presidential systems, most of which have renewable or multiple-term presidencies. Only about 10 countries, including Korea, have a single-term presidency, mostly concentrated in Latin American countries.

Above all, the five-year single-term system has the disadvantage that the president’s governance is not evaluated in the next election. Former presidents Roh Tae-woo, Kim Young-sam, and Kim Dae-jung all left their parties in the final year (the fifth year) of their terms during an election year. There is also a limitation in carrying out long-term national strategic tasks.

◆Conflict between public and private property rights... Is a constitutional amendment on the concept of public land ownership possible?= Economically, the concept of public land ownership is considered the biggest issue. Article 122 of the Constitution states, “For the efficient and balanced use, development, and conservation of national land, necessary restrictions and obligations may be imposed as prescribed by law.” This is ambiguous. There has been ongoing controversy over whether the concept of public land ownership is explicitly stated, and among the three laws on public land ownership introduced during the Roh Tae-woo administration, the Land Ownership Limit Act and Excess Land Gains Tax Act were ruled unconstitutional or incompatible with the Constitution. Former leader Lee Nak-yeon pointed out, “Our country’s asset income disparity is severe globally,” and proposed a constitutional amendment on public land ownership as a means to resolve this. Former Minister of Justice Chu Mi-ae, who is considering running for president, also strongly advocates this.

There are many views that this could conflict with the constitutional guarantee of property rights for all citizens, making controversy inevitable. Emphasizing ‘public’ could infringe on ‘individual rights,’ potentially leading to excessive tax burdens. Professor Kim Sang-gyeom of Dongguk University’s Law Department said, “If the concept of public land ownership is explicitly stated in the Constitution, there could be issues of property rights infringement,” and added, “It would be better to adjust it according to the times through legislation.” Besides this, a wide range of topics such as strengthening basic rights to resolve polarization, the right to life, the responsible prime minister system, proportionality of parliamentary seats to voters, and economic democratization are also being discussed as subjects for constitutional amendment.

◆The timing of constitutional amendment during regime change is crucial... Once underway, it becomes a ‘black hole’= There are many hurdles to overcome for constitutional amendment to become a reality. It can be proposed by a majority of National Assembly members or by the president and requires approval by two-thirds of the total members of the National Assembly. The positions of leading presidential candidates are important, and among the ruling party, the top candidate Lee Jae-myung still opposes it. If constitutional amendment, often likened to a black hole, becomes a current issue, it is difficult to gauge public opinion. The Democratic Party leadership must be cautious about discussing constitutional amendment ahead of the primaries.

From the opposition party’s perspective, if constitutional amendment occurs, the ruling party will likely dominate the detailed discussions. People’s Power Party lawmaker Choi Hyung-do said, “Constitutional amendments have often been brought up to extend regimes,” adding, “It should be a matter for the next president to seek the people’s will and proceed.” Professor Park Sang-byeong of Inha University’s Graduate School of Policy said, “It is too late to amend the constitution now and it may be seen as a tactic to change the political situation,” and pointed out, “Constitutional amendment absorbs all issues. There are pros and cons for both ruling and opposition parties, and different calculations, which is why consensus has not been reached so far.”

This content was produced with the assistance of AI translation services.