Suhyun Park Proposes "Han Ducksoo Prevention Act" to Block Candidate Replacement

"Eliminating Legal Uncertainty and Preventing Similar Cases in the Future"

Democratic Party member Suhyun Park

The so-called "Han Ducksoo Prevention Act," aimed at preventing a recurrence of the "presidential candidate replacement" controversy, is being promoted in the National Assembly.

On May 14, Suhyun Park, a member of the Democratic Party of Korea (representing Gongju, Buyeo, and Cheongyang in South Chungcheong Province), announced the introduction of a proposed amendment to the Public Official Election Act, stating, "Legislation is urgently needed to protect fair election order and uphold the purpose of the party nomination system."

Currently, Article 49, Paragraph 6 of the Public Official Election Act stipulates that "if a candidate leaves or changes party affiliation, or holds more than one party affiliation during the candidate registration period, registration is not permitted."

However, in a recent case, the People Power Party attempted to replace its presidential candidate but failed due to opposition from party members. Still, there remains a loophole: if an external figure without party affiliation suddenly joins the party during the registration period and becomes a candidate, the current law cannot prevent this.

Accordingly, the proposed amendment specifies that "if a non-party member acquires party membership during the candidate registration period," this too will be grounds for disqualification, effectively blocking so-called "tactical candidate replacement."

Park stated, "Political parties are institutions that perform important constitutional functions and must adhere to democratic procedures," adding, "The case of former Prime Minister Han Ducksoo runs counter to the intent of the current election law and carries significant legal risks."

He went on to say, "I have proposed this amendment to eliminate legal uncertainty and prevent similar cases in the future."

Relevant precedents from the Constitutional Court (91Hun-Ma21) have consistently recognized the public function and constitutional status of political parties, and Article 8, Paragraph 2 of the Constitution stipulates the obligation for political parties to comply with democratic procedures in their activities.

Park remarked, "Since the 'Night of the 12·3 Rebellion,' the disregard for the Constitution and the people by powerful institutions has been repeatedly observed," adding, "I am deeply concerned that even in critical national decision-making processes such as presidential elections, such tactical maneuvers continue to occur."

He emphasized, "As a member of the legislature, I will take the lead in reforming the election system to eliminate unconstitutional and illegal practices and restore public trust. This will be the first step toward a fair and transparent future for the Republic of Korea."

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