Jinseongjun: "Geum Taeseop's Discipline Is Not 'Unconstitutional'... There Are Precedents Saying It's Fine"

Jinseongjun, Democratic Party of Korea lawmaker / Photo by Yonhap News

[Asia Economy Intern Reporter Seulgi Kim] As controversy arose over the Democratic Party leadership disciplining former lawmaker Geum Tae-seop being unconstitutional, Democratic Party lawmaker Jin Seong-jun stated, "The Constitutional Court has ruled that party discipline against a lawmaker who violates the party line is not problematic as long as it does not amount to depriving the lawmaker of their seat."

On the 4th, Jin posted on his Facebook, "I reported at the Democratic Party Supreme Council meeting on June 3rd that the leadership should take this precedent into consideration," he said.

Jin cited a 2003 Constitutional Court ruling involving former lawmaker Kim Hong-shin, who was forcibly replaced after opposing the Grand National Party's party line on the separation of health insurance finances. The court stated, "Free mandate does not exclude party cooperation in political decision-making within the legislature, nor does it provide grounds for excluding a lawmaker from being bound by the instructions of their party or negotiation group."

According to the ruling, even considering the representative nature of lawmakers, if a lawmaker belonging to a specific party is sanctioned for political activities violating party discipline or decisions of the negotiation group, they cannot lose their lawmaker status; however, "de facto coercion within the party" or "expulsion from the affiliated party" is possible.

Jin added the phrase "so-called party line" regarding "party discipline or decisions of the negotiation group" from the Constitutional Court ruling.

Earlier, on the 25th of last month, the Democratic Party Ethics Committee issued a "warning" to former lawmaker Geum for abstaining on the Public Officials Corruption Investigation Unit (PCCIU) bill, citing failure to follow the "party line."