National Assembly Ethics Committee to Conduct 'Direct Investigation' for Disciplining Kim Nam-guk

Interview with Yoon Jae-il, Chair of the Ethics Special Committee
Limitations of Advisory Committee Without Investigation Authority
"Special Committee-Level Fact-Finding Investigation... On-Site Visit to the Exchange"

"The disciplinary case against independent lawmaker Kim Nam-guk is expected to be conducted in a different manner in terms of format and content compared to previous cases at the National Assembly Ethics Special Committee."

Byun Jae-il, chairman of the National Assembly Ethics Special Committee (affiliated with the Democratic Party of Korea), recently stated in an interview with Asia Economy that the Ethics Special Committee itself is likely to conduct a substantive investigation regarding the disciplinary proposal for lawmaker Kim, who is embroiled in a cryptocurrency-related controversy. Typically, the Ethics Special Committee adopts a process where the Ethics Review Advisory Committee under the Ethics Special Committee presents disciplinary opinions, followed by deliberations by the disciplinary review subcommittee to determine the level of discipline. However, in this case, Byun mentioned the possibility of additional investigations at the Ethics Special Committee level.

Chairman Byun said, "Since both ruling and opposition parties have equally demanded discipline for lawmaker Kim, I think there will be further investigation and review beyond what the advisory committee has presented." He added, "The special committee will likely hear explanations once again, and if the expertise of the members is insufficient, they may supplement the investigation by visiting places such as exchanges."

Advisory Committee Without Investigative Authority, Ethics Special Committee’s Role Inevitably Grows

Byun’s mention of additional investigation possibilities stems from the fact that the advisory committee, which lacks investigative authority, finds it difficult to grasp the complex cryptocurrency-related allegations, leading the Ethics Special Committee to take a more proactive role than usual.

Chairman Byeon Jae-il of the National Assembly Ethics Committee. Photo by Hyunmin Kim kimhyun81@

Byun stated, "The Ethics Special Committee found the information passed to the advisory committee insufficient and requested that the committee also address allegations raised by the media. However, since the advisory committee has no investigative authority, it can only judge based on media reports, which significantly limits the scope of decisions the advisory committee can make. Because of this, the advisory committee can only provide opinions within its limited scope, which may result in irrelevant opinions." On the other hand, the Ethics Special Committee has the authority to summon and interrogate the subject of discipline, allowing it to approach the substantive truth.

The advisory committee listened to lawmaker Kim’s explanation on the 15th, invited cryptocurrency experts for additional discussions on the 23rd, and plans to finalize Kim’s disciplinary action by the 29th. Subsequently, a fact-finding investigation at the Ethics Special Committee level may follow.

Byun pointed out the current institutional limitations of the Ethics Special Committee during this process. He said, "The Ethics Special Committee has not been institutionalized within the National Assembly. Since it is not a standing committee, if the plenary session does not resolve to form the special committee, it does not exist. After the first half of the National Assembly ended, the Ethics Special Committee was resolved in November last year and formed at the end of January this year, meaning there was a period of about seven months when the Ethics Special Committee did not exist in the National Assembly of the Republic of Korea."

He also criticized the fact that the Ethics Special Committee is practically unable to make independent decisions. "Since the Ethics Special Committee is composed equally of six members from the ruling and opposition parties, if there is no agreement between the two parties, meetings cannot be held, no resolutions can be made, and thus meetings are not convened and agenda items cannot be reviewed," he said. The advisory committee is no different. Byun explained, "Due to concerns that lawmakers feel burdened disciplining their peers and may be passive, the National Assembly Act established the advisory committee, but it is also composed equally with four members from each party." Thus, even the Ethics Review Advisory Committee, created to alleviate lawmakers’ burden in disciplining themselves, is not free from the existing political logic of political considerations.

Moreover, the advisory committee has the limitation of lacking investigative authority. Byun said, "It only provides legal advice on the matters referred to the Ethics Special Committee and ends there. Without investigative authority, the advisory committee’s decision-making power is limited."

Advanced Industries, Ultimately the Solution Lies in Self-Competitiveness

Byun, a former career bureaucrat and an expert in information and communication and advanced industries both inside and outside the National Assembly, also led the National Advanced Strategic Industry Special Act. He says that amid the complex entanglement of U.S.-China relations, the semiconductor and other advanced industries have no answer but to rely on Korea’s own competitiveness.

Byun said, "During the Cold War era, security and economy were linked, but after the post-Cold War period, security and economy have become intertwined." He added, "It is difficult to resolve this with President Yoon Seok-youl’s decisive judgments such as strengthening the Korea-U.S.-Japan alliance." He diagnosed, "Even if the Korea-U.S.-Japan security system and economic alliance are strengthened, the economic structure after the post-Cold War period does not allow Korea to maintain the economic benefits it has gained against China and Russia." Despite public sentiment, sending parliamentary delegations to China and the party leader visiting the Chinese ambassador represent the Democratic Party’s efforts.

Although the current administration is closely aligned with the U.S. on security issues, he pointed out that the reality must be viewed realistically from the perspective of interests. He said, "Initially, the U.S. insisted that semiconductors produced in the U.S. should be manufactured in the U.S., but it is gradually shifting toward becoming the global supplier of semiconductors." He emphasized, "The U.S. is certainly an ally, but an ally based on national interests."

Regarding how the domestic semiconductor industry can be maintained amid U.S. pressure to build factories domestically, he suggested, "The government should create conditions that allow Samsung and SK Hynix to produce semiconductors at the lowest cost." He introduced, "At the National Assembly level, almost all possible legislative support has been provided. Regulations in the metropolitan area have been eased, and advanced industrial complexes have been supported to the extent that they can be developed as national industrial complexes."

Byun Jae-il, Chairman of the National Assembly Ethics Committee. Photo by Hyunmin Kim kimhyun81@

"I Will Not Give Up on Next Year’s General Election"

Byun, a five-term veteran lawmaker, said regarding the 21st National Assembly, "I don’t think there has ever been a National Assembly that made me feel less pride. Politics itself has become a structure that seeks reflexive benefits and demonizes the opponent, which has become a structure that amplifies internal social problems and contradictions rather than reconciling social conflicts."

Byun, who was classified as a non-mainstream veteran within the Democratic Party, refrained from commenting on internal party conflicts. He explained, "In a situation where extreme confrontation between the Yoon Seok-youl administration and the Democratic Party has made winning the general election the core of all political strategies, there is no space to discuss what desirable politics is. Election strategies require consolidating the support base and dividing the opponent’s support base, so discussing what the most desirable politics is would cause conflict."

However, he introduced that some veterans have agreed to step forward. He said, "On the 13th, ten lawmakers with four to five terms gathered and agreed to speak up when the party’s direction is deemed ‘not right.’ We decided to convey opinions to the leadership when there are undesirable or electorally disadvantageous choices."

Born in 1948 and 75 years old this year, Byun calmly said about next year’s general election, "I have not given up." He added, "As a politician, I believe one must always do their best. Given my age and five terms, I don’t think it is desirable to insist on running one more time. However, if the region or the party requests, I am willing to run."

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