Constitutional amendment looms on horizon

The National Assemly buidling where legislators are debating a constitutional amendment. / Korea Times file

By Kim Ji-soo

When the 2018 PyeongChang Winter Olympic Games wind down soon, Koreans can anticipate another sports-like political drama to unfurl, over a possible constitutional amendment.

The current Constitution, established in 1987 amid the culmination of the democratic movement, stands out above all for enabling the people to select the president. It also limits the presidential tenure to a single term.

At the time, the amendment was a big step forward, as massive democratic street protests pushed the authoritarian regime to finally allow free presidential elections.

The recent calls for another constitutional amendment have been compelling. The candlelit protests that culminated in the impeachment of former President Park Geun-hye drove home the point that presidential powers should be more fiercely checked.

In last May's presidential election, candidates including the eventual winner President Moon Jae-in pledged to amend the Constitution in June. The President further advocated it in his New Year's address.

The major political parties are debating the revision and promoting their stances at the National Assembly in Seoul and across the nation.

The Democratic Party of Korea has released its amendment draft, which includes, among others, two four-year presidential terms and memorializing the candlelit protests. The opposition Liberty Korea Party (LKP) is still mulling over their draft, but word is they are proposing a presidential system with more separation of powers or even a dual-executive system.

"We ask the LKP to put forth their amendment bill so we can work on it together with both versions on the table," said Baek Hae-ryun, spokeswoman of the Democratic Party of Korea.

Joo Kwang-deok, a legislator with the LKP, agreed with the need to amend the Constitution but not its timing.

"The legislators are one in the idea that the Constitution needs to be revised toward restricting the "imperialistic" power of the president that had promoted all the ills last year. This issue of revising the Constitution is important, and we should therefore take our time on it," Joo said. LKP floor leader Kim Seong-tae on Thursday put a more definitive date on the table, telling Yonhap News Agency the party prefers a referendum in October.

The political and public consensus for the revision of the Constitution is at an all-time high.

The Feb. 12-13 survey conducted by the vernacular Kyunghyang Shinmun and the polling company Hankook Research showed 71.6 percent of 1,000 respondents agree the amendment is required. Also the majority favored a presidential system.

This result comes as a mild surprise, as the constituents have witnessed through contemporary Korean history that constitutional amendments often resulted in an extension of autocratic rule.

Most notable was the Yushin Constitution of 1972, which installed then-President Park Chung-hee, father to the impeached former President Park Geun-hye, as president for life.

According to Chung Jin-min, professor of political science at Myongji University in Seoul, constituents no longer harbor such negative perceptions of constitutional amendments. Chung however remained skeptical as to whether a referendum could be held in June together with the local elections.

"It's hard to say, at this point, but it may well be difficult to meet the deadline of doing it simultaneously with the June local elections," Chung said.

Within the National Assembly's special committee, there is a consensus on amending the Constitution.

"But there are differences in just how broad or deep the amendment should be and when an amendment plan can be put forth for a referendum," a National Assembly official familiar with the special committee said without giving his name.

To further push the Assembly toward constitutional reform, the Moon Jae-in administration has created a special advisory council under the Presidential Commission on Policy Planning to collect public opinions on the issue. On Monday, it opened a website asking for views on various issues, such as giving legislative power to local governments and enhancing people's basic rights. After collecting the people's opinions, the council will report its proposed revision bill to President Moon, who is expected to move it to the National Assembly for a vote on March 20.

"Since 1987, Korea has neither held a public discussion nor set a timeline for a constitutional amendment, so I think this holds significance," said Ha Seung-soo, chief of the Coalition for Proportional Democracy and a deputy on the presidential special advisory council.

"Although the council's stint will be short, the process is public, in contrast with previous amendments that political heavyweights discussed behind the scenes."

Chung of Myongji University suggested Korea can take an incremental approach to amending the Constitution such as changing not so necessarily the government structure but for example increasing the quota of proportional representative legislators within the current presidential system.

"All types of government structure have merits and demerits. We need to choose what befits Korean society," Chung said.

What is clear is the National Assembly needs the approval of two-thirds of the registered legislators of any constitutional revision bill before presenting it for national referendum, regardless of whether the bill is pushed by the President or the Assembly.

The opposition Liberal Korea Party holds 116 seats, more than one-third of the 293-seat National Assembly.