Opposition's Attempt to Amend the National Assembly Act... Yoon Says "Right to Demand Revision of Enforcement Decree May Be Unconstitutional"

Indicates Veto Use if Law Passes in Response to Reporter Questions on Way to Office
Ruling Party Also Strongly Opposes as "Unconstitutional"... President Joins, Expanding Front with Opposition
Jo Eung-cheon: "Duty to Control Distortion of Administrative Law Intent but No Means"

[Image source=Yonhap News]

[Asia Economy reporters Baek Kyunghwan, Naju Seok, and Lee Hyunju] President Yoon Suk-yeol stated that he believes there are "many unconstitutional aspects" regarding the Democratic Party of Korea's push to amend the National Assembly Act to control government enforcement ordinances. Earlier, the ruling and opposition parties clashed over the amendment to the National Assembly Act, and with President Yoon expressing opposition, the scope of the conflict has expanded. Political circles interpret that if the National Assembly Act amendment passes the National Assembly with the opposition party's support, President Yoon may exercise his veto power.

On the morning of the 13th, while heading to the Yongsan Government Complex, President Yoon responded to reporters' questions about the opposition party pushing for the National Assembly Act amendment by saying, "I believe there are many unconstitutional aspects to the National Assembly having the right to request modifications to enforcement ordinances." He added, "If the content of an enforcement ordinance contradicts the purpose of the law, the National Assembly can further specify or amend the law, and if the enforcement ordinance violates the law's effect, it can be nullified. The way to resolve issues with enforcement ordinances is to follow the procedures and methods prescribed in the Constitution." This statement not only opposed the Democratic Party's legislative push but also hinted at the possibility of exercising veto power.

Earlier, Democratic Party lawmaker Cho Eung-cheon mentioned the need for amendment via social media (SNS), stating, "When the executive branch distorts the purpose of the law or exceeds the delegated scope, regulating matters that should be stipulated by law through administrative legislation, the National Assembly has an obligation to control this but lacks means to enforce it." On the same day, Cho reiterated on the radio, "I pointed out administrative legislation that contradicts the law's purpose during last year's audit, but nothing has changed," and maintained his position by asking, "Does this mean that everything to be included in enforcement ordinances or rules must be included in the law?"

◇The National Assembly Act controversy caused by a ruling party minority and opposition majority= Political circles see this issue as ultimately arising from the administrative legislative authority problem under a ruling party minority and opposition majority government. In such a situation, the government and ruling party have strong motivation to operate state affairs through administrative legislation. Conversely, the opposition party, which holds actual legislative power, has increased motivation to restrain such administrative legislation. Moreover, this issue is closely linked to policy matters where the ruling and opposition parties have sharp differences, such as prosecutorial investigation rights.

For example, according to the amendment bills to the Prosecutors' Office Act and Criminal Procedure Act for 'Geomsu Wanbak' (complete removal of prosecutorial investigation rights), the scope of corruption and economic crimes subject to direct prosecution by prosecutors is to be determined by presidential decree. From the Democratic Party's perspective, there is concern that the Yoon Suk-yeol government might revise the presidential decree to expand the scope of prosecutorial investigations. Recently, Minister of Justice Han Dong-hoon has revived specialized investigative divisions through prosecutorial reorganization, enabling all criminal division prosecutors to initiate investigations, which is interpreted as an attempt to restore important prosecutorial investigations contrary to the Geomsu Wanbak legislation.

The ruling party also strongly opposed this. At the Supreme Council meeting held that day, Kwon Seong-dong, floor leader of the People Power Party, said, "During the five years of the Moon Jae-in administration, the Democratic Party did not check or monitor the executive branch but reduced the National Assembly to a Blue House branch office. Now that they are the opposition, they are trying every means to control the executive branch," and criticized, "The Democratic Party's recent submission of a National Assembly Act amendment to control administrative legislative authority is as unconstitutional as their claim to bring budgetary authority to the National Assembly."

[Image source=Yonhap News]

The amendment to the National Assembly Act is expected to act as a negative factor in an already frozen political climate. Support for lawmaker Cho's bill is growing within the Democratic Party, and there is a possibility it will be pushed as a party stance. A Democratic Party floor official said, "Regarding the bill promoted by lawmaker Cho, the party consensus process still needs to be undertaken," but added, "Despite concerns from the government organization act and the opposition party, seeing the government establish a Personnel Information Management Unit within the Ministry of Justice, there is a strong consensus on amending the National Assembly Act." He said, "A comprehensive review will be conducted on this matter."

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