[Exclusive] '1 Million Voters Propose Constitutional Amendment'... Constitutional Scholars Express Concerns Over Ruling and Opposition's National Initiative Amendment 추진

[Asia Economy Reporter Jeon Jin-young] "We stand here with an extraordinary determination to have one last opportunity to repay the people before the 20th National Assembly's term ends."

On the 11th, 11 lawmakers from both ruling and opposition parties held a press conference at the National Assembly to launch the National Initiative Constitutional Amendment Promotion Committee. Co-chaired by Kang Chang-il of the Democratic Party of Korea and Kim Moo-sung of the Liberty Korea Party, this committee, consisting of 11 senior lawmakers from both sides including Won Hye-young, Lee Jong-gul, Baek Jae-hyun, Yeo Sang-gyu, and Chun Jung-bae, announced at the press conference that they would "propose a one-point constitutional amendment bill containing the people's initiative right for constitutional amendment within the 20th National Assembly."

[Image source=Yonhap News]

According to a confidential document obtained by Asia Economy, the committee is preparing a "one-point constitutional amendment" that can be proposed with the signatures of a majority of the National Assembly members and more than one million voters. Article 128, Paragraph 1 of the current Constitution stipulates that "a constitutional amendment is proposed by the majority of the total members of the National Assembly and the President." The committee plans to revise this to "a constitutional amendment is proposed by the majority of the total members of the National Assembly or by more than one million voters with the right to vote in National Assembly elections." They plan to collect signatures from 150 lawmakers required to propose the amendment and submit it to a national referendum in the April 15 general election.

Constitutional scholars agree with the intent but express concerns about the requirements and effectiveness of the amendment. Compared to other countries, South Korea's constitutional amendment procedure is stringent, so lowering the threshold through a people's initiative is necessary, but more in-depth discussions on detailed requirements are needed. It is also reported that there are differences of opinion among the lawmakers who proposed the amendment, leading to criticism that sufficient discussion has not taken place.

Professor Jang Young-soo of Korea University Law School said, "I agree with the idea of lowering the proposal requirements to a certain number, such as one million, to realize the people's initiative," but added, "However, if the threshold is too low, there could be excessive proposals for constitutional amendments, and even proposals with completely opposite content, which could cause confusion."

Professor Jang emphasized that since the Constitution is the supreme law, constitutional amendment discussions should be conducted alongside general legislative amendments. He said, "Regarding the direct initiative by the people for general legislative amendments, it is estimated that about one to 1.5 million signatures are needed, but for the higher law, the Constitution, the number should be higher," adding, "The perspective of differentiation should also be considered."

Constitutional scholars also pointed out that specifying the number of voters as an absolute figure could be problematic due to potential future population changes. Professor Jang explained, "The number of voters can vary depending on the population. In 2017, during the constitutional amendment special committee in the National Assembly, there was an opinion not to fix the number of voters required for constitutional amendment to a specific number but to set it as a ratio."

Professor Jeong Ju-baek of Chungnam National University Law School also said, "Setting an absolute number is unreasonable considering future population changes. It is better to specify it as a percentage, such as 10% of the voters." He added, "Although South Korea's constitutional amendment procedure is indeed very rigid compared to overseas, it is also questionable whether a number corresponding to about 2-3% of the total voters can pass the overall vote afterward."

Meanwhile, some believe that even if the people initiate the proposal, there will be no problem since subsequent National Assembly discussions and a national referendum remain. Professor Han Sang-hee of Konkuk University Law School said, "Even if the people initiate, there are still National Assembly discussions and a national referendum, so the quorum should not be a big problem," and positively evaluated the intent, saying, "In other countries, the quorum threshold is low. If the requirements are relaxed, citizens will become more interested in national policies and management methods, which will help democracy mature." Switzerland requires a national referendum for proposals signed by more than 100,000 people out of a population of 8 million.

A Democratic Party official said, "To propose the constitutional amendment, at least 150 lawmakers must be gathered by the end of March, but it will not be easy to gather them," and evaluated, "It is doubtful whether it can be realized."