Debate heats up over holding public vote on prosecution reform bills

Apr 29, 2022, 09:30 am

AsiaToday reporter Kim Hyun-goo

While the ruling Democratic Party (DP) is pushing to pass prosecution reform bills that will scrap the investigative powers of prosecutors, a debate is heating up over holding a referendum to let the public decide whether the bills should be legislated or not.

Amid the DP’s strong push, the main opposition People Power Party (PPP), which seemingly has no solution, is seeking to change the situation through a national vote.

The Article 72 of the Constitution stipulates that “The President may submit important policies relating to diplomacy, national defense, unification and other matters relating to the national destiny to a national referendum if he deems it necessary.” President-elect Yoon Suk-yeol’s transition team suggested it will pursue a referendum on the contested bills, which it considers as an important policy related to national security.

Besides, there is a growing voice in the legal community calling for a referendum on the bills.

“The ‘other matters’ of the Article 72 of the Constitution refers to the state’s duty to protect the people from crimes, “said Lee Ho-sun, a professor of law at Kookmin University. “The collapse of the criminal justice system is subject to the referendum because it is related to the livelihood of the people,” Lee said.

“Article 72 of the Constitution stipulates that the subject of the referendum is ‘policy’ rather than important matters, which indicates that it gives the people the right to directly decide policies,” said Hwang Do-soo, a professor of law at Konkuk University.

However, some claim that a referendum is less likely to be held. In 2014, a Constitution Court ruled that the referendum law was inconsistent with the Constitution as it infringed on the voting rights of overseas citizens. The National Election Commission (NEC) also said that the nation’s Referendum Act had lost its effect in 2016.

This indicates that it will be difficult to hold a referendum without law revision. The DP, which is well aware that the public is not favorable to the reform bills, is highly likely not to accept the revision. In fact, DP floor leader Park Hong-keun said, “Constitutional requirements are not met.”

However, some point out that the effect has not been suspended. Lawyer Shin Pyeong, a former president of the Korean Constitutional Law Association, posted on Facebook that the public must vote on whether most of the prosecutors’ powers to investigate criminal cases should be scrapped and instead transferred to the country’s police force through the passage of the bills. “It is unacceptable that the constitution, which is the highest legal norm, is invalidated due to the inadequacy of the lower norm,” Shin said.

#public vote #prosecution reform bills #referendum