Following the ‘six bills’, will the ‘Special Prosecutor Kim Kun-hee Act’ also be vetoed?
“As President Yoon Seok-yeol was impeached by the National Assembly, Acting President Han Deok-soo is now in charge of First Lady Kim Kun-hee.”
This is a phrase in the political world that summarizes the current situation in which President Yoon’s duties were suspended with the passage of the impeachment bill on December 14, and whether or not to exercise the right to request reconsideration (veto) of the ‘Special Prosecutor Kim Kun-hee Act’ depends on the decision of an acting authority. Initially, right after the impeachment bill for President Yoon was passed in the National Assembly, many people were of the view that the possibility of Acting President Han exercising his right to request a reconsideration of the Special Prosecutor Kim Kun-hee Act would be limited as public sentiment for the impeachment reached a boiling point and the centripetal force of power moved toward the opposition party that led the impeachment.
However, as President Yoon refuses to comply at all with the investigation into treason, and the People Power Party uses a strategy to delay the appointment process of judges at the Constitutional Court, there are observations that the atmosphere surrounding the acting president’s exercise of the right to request reconsideration is also changing. In fact, on December 19, an acting authority exercised the right to request reconsideration of six bills, including the Grain Management Act amendment, which the opposition party passed alone. Acting President Han said in a statement at the Cabinet meeting on this day, “It is with a very heavy heart that we ask the National Assembly to reconsider six bills in a situation where cooperation between the government and the ruling and opposition parties is urgently needed,” and “This is a responsible decision that puts the spirit of the Constitution and the future of the country first.” “I have no choice but to do it,” he said. Previously, on the morning of the 19th, Park Chan-dae, floor leader of the Democratic Party of Korea, pressed for the impeachment of an acting president, saying, “If you ignore public opinion and abuse your power to veto, you will pay the price.” It was exercised.
Prime Minister’s Office “We will think about it until the end of the year”
Accordingly, some are predicting that there is a high possibility that an acting authority will exercise the right to request a reconsideration of the Special Prosecutor Kim Kun-hee Act. On November 26, a week before martial law broke out, Acting President Han suggested President Yoon’s veto of the third Special Prosecutor Kim Kun-hee Act, saying, “The veto is almost the only means in our Constitution that allows the President to check the abuse of power by the legislature.” It has been made clear. Additionally, in a question on pending issues at the plenary session of the National Assembly on December 13, an acting president responded to the question, “If I become acting president, will I be able to exercise my right to request reconsideration?” by saying, “I will review it internally in depth.” It is a remark that leaves open the possibility of exercising the right to request a reconsideration, and it is analyzed that the fact that even the ruling party has shifted to the ‘insurrection defense’ mode following the recent impeachment of President Yoon is increasing the possibility of Acting President Han exercising the right to request a reconsideration.
However, it is difficult to quickly determine whether an acting president will go beyond the scope of the acting president’s authority, which must focus on minimal management, and take on political burdens to exercise the right to request a reconsideration of the Kim Kun-hee Special Prosecutor Act. The opposition party immediately protested loudly and put pressure on Acting President Han. The Democratic Party made a statement immediately after exercising its right to request reconsideration of six bills and said, “It seems like Acting President Han still doesn’t know who he should follow,” and added, “The people are watching to see whether Acting President Han will remain a public servant of the people or whether he will be reduced to an accomplice in the rebellion.” He pressed. Previously, Lee Jae-myeong, leader of the Democratic Party, said on December 15, the day after the passage of the impeachment bill against President Yoon, “There were many calls to impeach the acting president for responsibility for the civil unrest, but we decided not to proceed with the impeachment process for now because it could cause confusion in state affairs.” Regarding the possibility of an acting authority vetoing the Special Prosecutor Kim Kun-hee Act, etc., he warned, “It is not permitted to change the status quo or form a new order.”
Regarding whether to exercise the right to request a reconsideration of the Kim Kun-hee Special Prosecutor Act, the Prime Minister’s Office expressed a cautious stance for now, saying, “We will review until the last moment to check which is constitutional and lawful.” The deadline for government review of the Kim Kun-hee Special Prosecutor Act, which passed the fourth National Assembly, is January 1, 2025.
The reason why conflict and controversy are increasing over an acting president’s exercise of the right to request reconsideration is because our Constitution does not specifically stipulate the authority of the acting president. In Article 71 of the Constitution, there is only a general provision that “when the President is unable to perform his duties due to a vacancy or an accident, the Prime Minister and the State Council members in the order prescribed by law shall act on his behalf.” An example of an acting president exercising the right to veto a bill is Acting President Goh Geon during the Roh Moo-hyun administration. During the impeachment trial of President Roh Moo-hyun in 2004, the late acting president exercised his veto on the ‘Special Act on Compensation for the Geochang Civilian Massacre Incident’ and the ‘Amnesty Act Amendment’. The intention was that it would be a burden on the national finances and could be unconstitutional.
Summary of 15 suspicions
Regarding the acting president’s exercise of the right to request reconsideration, Han Sang-hee, a professor at Konkuk University Law School, said, “Because the acting president is only a temporary position and not an elected position, it is generally assumed that the right to veto will be exercised cautiously.”
The Kim Geon-hee Special Prosecutor Act, which was passed by the National Assembly for the fourth time, covers a total of 15 subjects of investigation (see table). The suspicions of Myung Tae-gyun, which were not included in the third special prosecution bill for Kim Kun-hee, the illegal involvement of President Yoon and First Lady Kim in the Daewoo Shipbuilding & Marine Engineering strike, and the suspicion of involvement in the designation of the Changwon Industrial Complex, as well as the manipulation of the stock price of Deutsche Motors and Sambu Engineering & Construction, receipt of luxury bags, and the 22nd National Assembly member. It contains all suspicions of election interference. The special prosecutor selects one candidate each from the negotiating group (Democratic Party) and the non-negotiating group and recommends them in writing to the President. The investigation period is a minimum of 90 days and a maximum of 150 days.
Reporter Yoon Chae-won, Publication Bureau [email protected]
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