[Fact Check] Boycott of Arrest Consent Vote... Is BTS Effective?

Min Hyung-bae "Let's leave all at once when voting starts"
National Assembly side "If you don't vote, you won't be counted as present"
After failure to establish, submission is the Speaker's authority

As the prosecution is expected to request an arrest warrant for Lee Jae-myung, leader of the Democratic Party of Korea, during next month's regular National Assembly session, a debate has erupted within the Democratic Party over whether to 'boycott' the vote on the consent to arrest motion. One argument claims that walking out during the vote can block the arrest warrant without vote counting, while the opposing view insists that the vote would be invalidated and must be held again.

Will members collectively walk out during the plenary vote on the consent to arrest motion, resulting in its rejection without a voting procedure?

On June 12, the plenary session hall during the arrest motion for independent lawmakers Yoon Kwan-seok and Lee Sung-man
[Image source=Yonhap News]

Democratic Party lawmaker Min Hyung-bae stated at the 'Democratic Innovation Meeting' national conference held on the 20th, "There is a simple way to defeat (the arrest warrant for Lee Jae-myung during the session). We can refuse to vote," adding, "Once the vote starts, the Democratic Party can all walk out together." Unlike a secret ballot, if members decide to leave, it is immediately clear who has left and who remains, making internal discipline easier to manage. Min's proposal is not new; previously, Democratic Party lawmakers Kim Min-seok and Kim Yong-min made similar suggestions.

The Democratic Party is struggling with the issue of the consent to arrest motion against Lee. On the 24th, Lee So-young, the party's floor spokesperson, explained to reporters after a policy coordination meeting, "If the prosecution sends the consent to arrest motion for Lee during the regular session, we have no choice but to vote. If it is rejected, the government and ruling party will be criticized for shielding him, and if it passes, it will be seen as division and politically exploited."

However, this method faces criticism within the party for its ineffectiveness. On the 23rd, Democratic Party lawmaker Kim Jong-min said on SBS Radio's Kim Tae-hyun's Political Show, "Refusal is impossible," explaining, "During the vote, there are four choices: agree, disagree, abstain, or invalid vote if the choice is made incorrectly. One of these four must be chosen for attendance to count." He continued, "If members walk out, attendance is not counted, and the vote becomes invalid. If the vote is invalid, it must be held again at the next plenary session."

Which side is correct?

National Assembly officials explain that walking out during the vote results in an invalid vote. An official from the National Assembly Secretariat said, "In the plenary session, for a secret ballot like the consent to arrest motion, where voters write either '可' (yes) or '否' (no) in Korean or Chinese characters on the ballot, the vote is only counted if the nameplate and ballot are submitted," adding, "Before that, the vote is not counted." In other words, attendance is only recognized when the actual voting act is performed in a secret ballot.

The consent to arrest motion requires a majority of the total members present and a majority of those present to approve it. If the Democratic Party, which holds a majority of seats, collectively walks out, the vote cannot be validly conducted.

Another official from the National Assembly Secretariat explained, "Since the 2016 amendment to the National Assembly Act, a proviso clause was added, allowing the vote to be repeated if it becomes invalid."

Before the 2016 amendment, the consent to arrest motion had to be processed within 72 hours after being reported to the plenary session 24 hours prior. Because of this, if 72 hours passed after the report, the motion could remain pending without a vote and be discarded. However, Article 26 of the National Assembly Act was amended to include, "If the consent to arrest motion is not voted on within 72 hours, it shall be submitted and voted on at the next plenary session convened thereafter," allowing the motion to be processed even after 72 hours. Due to this proviso, if the vote is invalidated, the consent to arrest motion can be voted on again at the next plenary session.

However, an invalid vote is not necessarily 'guaranteed' to be processed at the next plenary session.

An official from the National Assembly Secretariat said, "Whether the consent to arrest motion is placed on the agenda at the next plenary session is another matter," adding, "The agenda for the plenary session is at the discretion of the Speaker of the National Assembly." Depending on the Speaker's decision, the vote can be repeated, but if it is not included in the agenda, the motion remains pending indefinitely.

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