2024-01-13 13:31:36
President Yoon Seok-yeol and his wife, who returned to Korea following completing their state visit to the Netherlands, are returning home through the indoor event hall on the second floor of Seongnam Seoul Airport on December 15, 2023. Presidential photojournalist group
On January 5, 2024, President Yoon Seok-yeol exercised his right to request a reconsideration (veto) of the Special Prosecutor Act, the Daejang-dong 5 billion club special prosecution law, and the so-called ‘double special prosecution law’ over allegations of Mrs. Kim Kun-hee’s stock price manipulation, raising criticism both inside and outside of the political world. . With the ball being handed over to the National Assembly once more, the Democratic Party of Korea embarked on a strategy to pass the Special Prosecution Act by delaying the re-enactment as much as possible and attracting ‘rebellion votes’ that might come from the People Power Party.
Suspicion of violation of conflict of interest, 60% opposes veto
In fact, it is difficult to criticize the president’s veto unconditionally, given that it is the inherent authority of the head of the executive branch to keep the legislative branch in check. This is because representative democracy is a system in which the legislature, judiciary, and executive branch check each other through separation of powers and maintain a balance of power. In particular, in a situation like Korea where the ruling party is divided between the ruling and opposition parties, if the opposition party pushes through legislation that does not sufficiently reflect the opinions of the ruling party, the president can exercise his veto as a last resort.
The problem is that in the case of the ‘Special Prosecutor Kim Kun-hee’, it is not a policy bill such as the Grain Management Act or the Yellow Envelope Act, which the President previously vetoed, but a special prosecution bill to investigate criminal charges once morest the President’s spouse. Kim Yun-cheol, a professor at Kyung Hee University’s Humanitas College, said, “The veto can be exercised because it is the president’s authority, but the problem with this veto is that even though there are clear suspicions regarding the spouse, the veto is abused politically by defining it as a ‘special investigation for general elections’. “He pointed out. This criticism is also in line with the fact that in most recent public opinion polls, more than 60% of people said that the president should not exercise his veto regarding special prosecutor Kim Kun-hee.
It is in a similar context that the Democratic Party highlighted the possibility of a conflict of interest violation in the president’s veto of special prosecutor Kim Kun-hee. The current Conflict of Interest Prevention Act stipulates that public officials should avoid performing their duties in cases involving private stakeholders such as themselves or their families. The logic is that since the ‘Special Prosecution of Kim Kun-hee’ is a matter related to the criminal charges of the president’s spouse, the president should have avoided exercising his veto on his own.
Currently, the Democratic Party is considering requesting a dispute over this veto from the Constitutional Court. Of course, there are criticisms of the Democratic Party’s behavior that it is an attempt to ‘take time’ by delaying the re-approval as much as possible. If the authority dispute adjudication is dismissed before re-resolution, there may be a backlash.
In particular, what experts unanimously criticize in this veto phase is that the president made little effort to persuade the public and the opposition party in the process leading up to exercising the veto. Seo Bok-kyung, CEO of the Possible Research Institute, pointed out that regarding the Kim Kun-hee Special Prosecution Act, △ it has gone through the legal procedures of Congress, △ the overwhelming majority of public opinion wants a special investigation to proceed, and △ there is a possibility of a conflict of interest in exercising the veto as it is an issue related to the President’s family. He pointed out like this. “The President’s Office should at least provide an explanation as to how they considered this aspect and whether there is a specific reason to exercise the veto in light of our Constitution, legal norms, or overseas cases, but they just insist that it is an ‘evil law.’”
2nd Annex Office/Special Inspector, only absurd alternatives
President Yoon Seok-yeol has exercised a total of eight vetoes, including the veto on the Twin Special Prosecutors’ Act, and is also criticized for ‘ignoring the legislature.’ President Yoon set the record as ‘the president who exercised the most vetoes since democratization’ during his term of office of less than two years. Ji Byeong-geun, a professor at Chosun University, said, “The distribution of seats in the National Assembly, where the opposition party holds an overwhelming majority, has had an impact in some ways,” but added, “The president has refused to cooperate with the National Assembly from the beginning of his term and has engaged in extreme confrontational politics, completely blocking consultation itself.” “There is clear responsibility,” he pointed out.
The President’s Office is trying to appease public opinion by hinting at the possibility of establishing a second annexed office and introducing a special inspector general. However, the establishment of a second annex office dedicated to Ms. Kim Kun-hee’s work appears to be insufficient to quell negative public opinion. This is because the establishment of a special prosecutor to investigate suspicions of crimes that have already occurred and the establishment of a second subsidiary office to manage future activities are problems of a completely different level. Professor Ji Byeong-geun said, “The public wants to know whether Mrs. Kim has any problems, but the establishment of a second annex is a completely absurd alternative in that it has nothing to do with this.”
In the case of a special inspector general, who is in charge of inspecting misconduct by people with a special relationship with the president, such as the president’s relatives, the actual possibility of being appointed does not seem to be high. The President’s Office added the stipulation that ‘if the ruling and opposition parties agree’ as a condition for appointment, but the People Power Party maintains the position that ‘recommendation of directors of the North Korean Human Rights Foundation should also be initiated at the same time,’ making it difficult to reach an agreement. Representative Seo Bok-kyung said, “If a special inspection system is introduced, it will be ‘less embarrassing’ for supporters.”
Although criticism of the president’s veto is growing, experts predict that this issue will have limited influence on the April general election. Although the issue will arise once more when the twin special prosecutors’ re-election is expected in February, the ‘Kim Kun-hee risk’ is reflected to some extent in the current public opinion polls, making it difficult to have a decisive influence on the winner or loser of the general election. Professor Kim Yun-cheol said, “The president’s approval rating is low, and the ‘Kim Kun-hee risk’ and the ‘government judgment theory’ are already incorporated into this.” He added, “I don’t think the veto issue will be a decisive moment in the general election or have a significant direct impact on voters’ choices.” predicted.
The passage of a special prosecutor before the general election might backfire.
Even if the Democratic Party delays the re-decision as much as possible and a large number of rebel votes come out, mainly from those who were rejected from the People Power Party nomination, the situation may not go as the Democratic Party intended. This is because we cannot rule out the possibility that if Kim Kun-hee’s special prosecutor’s bill is passed, the backlash of ‘sympathy theory’ will blow and the conservatives will unite tightly. This is why we must look back on the past, when in 2004, the opposition party, including the Grand National Party, passed an impeachment bill once morest then-President Roh Moo-hyun, but the Grand National Party suffered a crushing defeat in the general election due to backlash.
Song Chae-kyung-hwa, Hankyoreh Video Center Video Reporter khsong@hani.co.kr
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