The Election Commission: "The National Referendum on the 'Prosecutor's Complete Control Removal' Bill Proposed by Yoon is Impossible"

President-elect Yoon Suk-yeol is entering the office of the Presidential Transition Committee in Tongui-dong, Jongno-gu, Seoul, on the afternoon of the 26th. Photo by Hyunmin Kim kimhyun81@

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[Asia Economy Reporter Hwang Seoyul] The National Election Commission responded that it is "impossible" for President-elect Yoon Seok-yeol's side to push for a referendum on the 'complete prosecution reform' bill during the June 1 local elections after his inauguration.

According to Yonhap News on the 27th, the National Election Commission (NEC) explained, "Following the Constitutional Court's ruling of constitutional inconsistency on Article 14, Paragraph 1 of the current Referendum Act, which restricts the participation of overseas Koreans, the provision has lost its effect," adding, "Under the current regulations, it is impossible to prepare the voter list, making it impossible to conduct a referendum."

In July 2014, the Constitutional Court ruled by a 6 to 3 decision that the provision on preparing voter lists for overseas Koreans in the Referendum Act was constitutionally inconsistent, stating that unless the Referendum Act is amended first, it is impossible to prepare the voter list.

The provision in question, Article 14, Paragraph 1 of the Referendum Act, concerns the preparation of voter lists for overseas Koreans. It stipulates that only those who have registered their residence in Korea at the time the referendum is announced or overseas Koreans who have reported their domestic residence can be included in the voter list.

At that time, the Constitutional Court ordered legislative improvement by December 31, 2015, for Article 14, Paragraph 1 of the Referendum Act, and decided that if the improvement legislation was not enacted, the provision would lose its effect from January 1, 2016. The NEC submitted its opinion on amending the Referendum Act to improve referendum procedures to the National Assembly in October 2017, but the legislative discussion did not progress well, and the amendment did not pass.

There are various views on whether the loss of effect of this provision makes the referendum itself impossible. However, the consensus is that before amending Article 14, Paragraph 1 of the Referendum Act, it is difficult to conduct a referendum because the voter list cannot be prepared. An NEC official said, "Since it is unlikely that the Referendum Act will be amended before the June 1 local elections, conducting a referendum is difficult."

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