Politicians debate constitutional reform as martial law debacle spotlights dangers of 'imperial presidency'

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Politicians debate constitutional reform as martial law debacle spotlights dangers of 'imperial presidency'

Published: 11 Apr. 2025, 07:00

LEE SOO-JUNG
[email protected]

Audio report: written by reporters, read by AI

Constitutional Court Justice Moon Hyung-bae reads a verdict upholding impeachment against then-President Yoon Suk Yeol at the main chamber in the court in Jongno District, central Seoul on April 4. [JOINT PRESS CORPS]

Debate on amending Korea's Constitution has raged since former President Yoon Suk Yeol's abrupt declaration of martial law on Dec. 3.

Korean politicians have scrambled to respond to proposed constitutional reforms, most focused on limiting the sweeping executive authority granted to the president.

The Korean Constitution and the Martial Law Act allow presidents to impose martial law when they deem the country to be in a national emergency.

However, Yoon's martial law debacle has forced many people to rethink this.

Constitutional reform, a topic often raised ahead of presidential races, has become a hot topic among lawmakers and presidential hopefuls ahead of the snap election in June.

Time to amend

National Assembly Speaker Woo Won-shik speaks during a press conference to suggest constitutional reform at the parliament in western Seoul on April 6. [NEWS1]

On Sunday, two days after the Constitutional Court upheld Yoon’s impeachment, National Assembly Speaker Woo Won-shik proposed a national referendum to reform the “outdated" Constitution simultaneously with the upcoming presidential election on June 3.

The Constitution has remained unmodified for 38 years since the 1987 reform adopted the direct election system.

Calling reform a “demand of the times,” Woo said the Constitution should embody social changes and contemporary voices. He said reform was a “fundamental solution” to prevent extreme political polarization and stop future presidents from recklessly declaring martial law.

Not only can Korean presidents declare martial law and veto bills passed by the parliament at whim, but they can also appoint a chief justice to the Supreme Court, three Constitutional Court justices and their Cabinet ministers.

“Constitutional reform will uphold the separation of powers between the judiciary, the legislature and the administration,” Woo said, adding that reform could end the “imperial presidency,” a powerful driver of political polarization.

Eight lawmakers discuss on how to reform the Constitution at the National Assembly in western Seoul in 1987. [YONHAP]

Prof. Cha Jin-A from Korea University’s School of Law said lawmakers and the public should acknowledge structural problems in current governance — such as excessive presidential power and the overuse of parliamentary impeachments against presidential appointees.

"For constitutional reform, the direction should be clear, and people must agree on the amendment's direction," Cha said.

Politicized constitutional reform

Voters cast their ballot to elect the 20th president at a district office in Daegu in 2022. [NEWS1]

However, the speaker’s proposal faces an uphill battle due to procedural requirements and differences in perspectives between Korea's two largest parties — the conservative People Power Party (PPP) and its rival, the liberal Democratic Party (DP).

The details of constitutional amendments should be disclosed to the public for at least 20 days. The National Assembly should pass the amendment with at least 200 of 300 lawmakers voting "aye" within 60 days of the amendment's disclosure. Within 30 days after the amendment's passage, Koreans must vote on it through a referendum.

As the next presidential election is scheduled on June 3, a referendum concurrent to the election would require lawmakers to specify the amendment by mid-April and pass a motion at a plenary session in early May.

On Wednesday, the speaker backpedaled on his suggestion, saying he believed a simultaneous constitutional reform referendum and presidential election would be "difficult."

The procedure automatically requires bipartisan agreement on proposed constitutional reforms as the liberal bloc holds 187 seats, 13 short of the 200 needed to pass the amendment unilaterally. The PPP occupies just 108 seats, putting them in the same boat.

Former liberal Democratic Party leader Lee Jae-myung speaks during a supreme council meeting at the National Assembly in western Seoul on April 7. [NEWS1]

At any rate, the DP has appeared lukewarm toward the speaker’s proposal.

During a supreme council meeting on Monday at the National Assembly in western Seoul, former DP leader Lee Jae-myung indirectly rejected constitutional reforms simultaneous to the presidential election. Lee, believed to be the strongest contender in the snap presidential election, resigned as party leader on Wednesday.

“Now is the time to focus on overcoming insurrection and restoring our destroyed democracy,” Lee said. “It is physically and practically impossible to simultaneously hold a presidential election and a referendum on constitutional reform.”

Prof. Choi Chang-ryul from Yongin University's liberal arts department said the DP likely believes constitutional reform would hurt their chances for victory in the presidential election.

Choi said reform might act as a “black hole” during the presidential race, sucking public attention away from the DP's narrative — focusing on the injustice of conservative former President Yoon’s martial law — and toward the constitutional reform issue.

However, a divide appears to have emerged within the DP over constitutional reform.

DP-backed Gyeonggi Gov. Kim Dong-yeon enthusiastically backed the speaker’s suggestion on Facebook. Announcing his bid to run for president on Wednesday, the Gyeonggi governor said Koreans should vote on constitutional reform — on how to modify the presidential term and authority — alongside the presidential election.

A DP source told the Korea JoongAng Daily that he believed “discrepancies” exist among lawmakers regarding their stance on constitutional reform.

Ex-Labor Minister Kim Moon-soo, left, is welcomed by conservative People Power Party (PPP) interim leader Kwon Young-se at the National Assembly in western Seoul on April 9. Kim visited the parliament to join the PPP. [LIM HYUN-DONG]

In contrast, the PPP — aligned with impeached President Yoon — welcomed the proposal by the speaker.

PPP interim leader Kwon Young-se said his party would push to hold the national referendum for constitutional reform concurrently with the presidential election.

Another PPP lawmaker, Joo Ho-young, chairperson of the party’s special committee for constitutional reform, wrote on Facebook that “public consensus on reform has grown more determined than ever.” Joo said the reform's deadline should be the upcoming presidential election.

Prof. Choi said the PPP might use constitutional reform as a red herring.

Ex-Labor Minister Kim Moon-soo, who has jumped into the presidential race, said Wednesday that he would actively push constitutional reform based on public aspirations while maintaining the direct voting system for electing the president.

Former PPP leader Han Dong-hoon, who declared his presidential candidacy on Thursday, wrote that constitutional reform is needed, noting that the current Constitutional system has derailed due to Yoon's martial law decree and numerous parliamentary impeachments.

Reshaping power structures

A visitor takes a photo of former presidential workspace at Blue House in Jongno District, central Seoul on April 9. After impeached President Yoon Suk Yeol relocated the presidential office to Yongsan District, Blue House has been opened to the public. [NEWS1]

Even as politicians wage a tug-of-war over constitutional reform, the broad strokes of that reform remain very much in question.

According to a public poll by Gallup Korea on Sunday and Monday, 45 percent of 1,008 respondents endorsed changing the presidency to two four-year terms. Presidents currently serve a single five-year term.

However, Prof. Cha noted that a constitutional amendment that enables presidents to serve two terms without restraining their authority would be a “reform for the worse.”

In the survey, 16 percent of respondents said the nation should introduce a parliamentary cabinet system. Another 16 percent said the country should accept a semi-presidential system where the elected president exercises authority over foreign affairs and the prime minister oversees domestic affairs.

Prof. Choi said the parliamentary cabinet system would help align the government and parliament in state governance. He said clashes between the parliament and the president could be prevented as the Assembly forms the cabinet. He added that both sides could mutually dismiss each other through a vote of no confidence or dissolution of the Assembly.

Choi said improving the current presidential system might not prevent conflict between the executive and the parliament due to its innate “checks and balances.”

Prof. Cha said the specifics of any revamp of the governmental structure would require in-depth public discussions over an extended period. “As public opinions vary, considerable deliberation would be needed, and lawmakers should persuade the people,” Cha said.

BY LEE SOO-JUNG [[email protected]]