DP's Lee offers to amend Constitution; PPP's Kim makes counterproposal
Lee Jae-myung, presidential candidate of the liberal Democratic Party of Korea, on Sunday proposed amending the nation's Constitution to allow a president to serve two four-year terms.
He said the two-term presidency would not apply to the sitting president, as specified by the current Constitution. This means that if he is elected as the next president, he would serve a single five-year term even if the Constitution is amended while in office.
His proposal strengthens the power of the National Assembly while weakening that of the presidency.
Under his proposal, the Assembly would recommend the prime minister. The president also must obtain the consent of the Assembly to appoint heads of investigative agencies, the Korea Communications Commission and the National Human Rights Commission.
If the president vetoes a bill, the Assembly could file an administrative suit.
The president must receive prior approval from the Assembly for an exercise of authority to declare emergency martial law.
The Board of Audit and Inspection, currently affiliated with the presidential office, would come under the control of the Assembly.
The separation of three powers — legislative, executive and judicial authorities — means they should strike a balance of power by holding one another in check.
Appropriate dispersion of presidential power is necessary if it is too strong, but enlarging parliamentary power is a matter requiring careful judgment because it could undermine the efficiency of government administration and lead to tyranny by the legislature.
The Democratic Party has been criticized many times of ruining the separation of powers. With the benefit of its majority in the Assembly, the party has moved to impeach about 30 high-ranking government officials, including ministers under the current administration. It also slashed the 2025 government budget unilaterally in an apparent bid to land the president and his administration in hot water.
Transferring control over the Board of Audit and Inspection to the Assembly and limiting the presidential veto power could stoke debate over whether they go against the separation of powers.
If presidential power is deemed too great, it should be weakened, but legal instruments to weaken that of the National Assembly simultaneously are needed.
Many people may wonder why the abolition of lawmakers' privilege to avoid arrest during a parliamentary session is missing from Lee's proposed constitutional amendment. On the stump he has promised several times to seek to repeal the privilege if elected, but the clause in question has remained intact. An array of legislators' privileges, which many resent, should be abolished.
If the Constitution is amended after the June 3 presidential election, an amendment bill that guarantees checks and balances would be met with the people's consent.
Kim Moon-soo, presidential candidate of the conservative People Power Party, welcomed Lee's proposal of amending the Constitution. He made a counteroffer outlining his version of such a constitutional amendment. He proposed allowing a president to serve two four-year terms, shortening only the next president's term to three years to synchronize the presidential election with the general elections, and abolishing lawmakers' privilege of freedom from arrest.
Lee proposed a referendum on a constitutional amendment during either local elections next year or the general election in 2028.
Lee's proposal is not without controversy, but it could be settled in the discussion process.
In the past, some presidential candidates pledged to seek to amend the Constitution, but then dropped it after being elected, apparently out of concerns that discussion of the constitutional amendment could weaken presidential authority.
This time should be different.
Now that Kim has expressed his agreement on the necessity to amend the Constitution, legislators of the rival parties need to form a special committee quickly to discuss the issue.
It may be difficult to draft a specific bill before the presidential election, but it could be possible for legislators to find a minimum of common ground on the amendment road map.
Presidential candidates should not repeat the custom of vowing to amend the Constitution then copping out after elections.
koreadherald@heradcorp.com
