"Expansion of Voting Rights for Overseas Koreans"... Four Laws Ruled Unconstitutional Amended by Constitutional Court

National Referendum Act Amended for the First Time in a Decade Following Constitutional Inconsistency Ruling

During the first quarter of this year, four laws previously ruled either unconstitutional or inconsistent with the constitution by the Constitutional Court were amended. Notably, a provision of the National Referendum Act, which was ruled constitutionally inconsistent in 2014, was amended for the first time in a decade, expanding the voting rights of overseas Koreans.

Yonhap News Agency

According to the Constitutional Court on April 14, the revised National Referendum Act, which passed the National Assembly last month, centers on including "persons listed in the roster of overseas voters" as eligible voters to guarantee the voting rights of overseas citizens. Previously, in 2014, the Constitutional Court issued a ruling of constitutional inconsistency against a provision that allowed only those registered as residents or overseas Koreans with a reported domestic domicile as of the referendum announcement date to be included in the voter list.

In the same month, the Civil Act was also revised to restrict the right of statutory inheritance (legitime) for heirs guilty of severe misconduct. Reflecting the intent of the Constitutional Court's 2024 decision, the amendment now prohibits not only direct ascendants but also all heirs, including direct descendants and spouses, from inheriting the estate if they have seriously violated their duty of support toward the deceased.

The Assembly and Demonstration Act was amended in February to reflect the Constitutional Court’s 2022 ruling of constitutional inconsistency. The amendment replaced the blanket and uniform ban on assemblies near the president's official residence and the speaker of the National Assembly's official residence with provisions stipulating exceptional circumstances under which outdoor assemblies and demonstrations may be permitted.

The Framework Act on Truth and Reconciliation for Historical Clarification was also revised in February to incorporate the Constitutional Court’s 2018 decision, establishing a special statute of limitations for state compensation claims.

Since its establishment in 1988, the Constitutional Court has issued unconstitutional or constitutionally inconsistent rulings on a total of 619 statutes as of last month. Of these, 593 statutes, or 95.8%, have been amended so far.

However, 26 statutes, including the provision in the Criminal Act restricting pregnant women’s right to self-determination regarding abortion and the provision in the Assembly and Demonstration Act that imposes a blanket ban on outdoor assemblies after sunset, have yet to be amended.

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