"Official Liaison Work Essential for Companies" vs. "Lobbyists Should Be Legalized" [Parliamentary Aides Leaving ②]

Lobbyists Agreed by Implicit Consent
Former Aides and Retired Senior Officials

"The National Assembly Cannot Do Everything Alone, an Intermediary Agency Is Needed"
Legislative Moves in the 17th National Assembly

Concerns Over Communication Channels for Specific Interest Groups
"Legalization Won't Eliminate Covert Lobbying"

[Image source=Yonhap News]

[Asia Economy Reporters Hyunju Lee, Boryeong Geum, Hyunji Kwon] The increasing number of congressional aides moving to corporations proves the growing necessity of government relations work, that is, the demand for legislative lobbying. Reflecting this trend, there are movements to legalize the lobbyist system altogether, while considerable opposition argues that it is premature.

Lobbying is virtually illegal in South Korea. Under Article 3 of the Act on the Aggravated Punishment of Specific Crimes, those caught for bribery in mediation face imprisonment of up to five years or a fine of up to 10 million won. Instead, lobbyists and government relations personnel operate under tacit consent agreements. Corporations sometimes hire former aides at the working level, but they also entrust government relations tasks to major law firms. Law firms hire retired senior public officials under the guise of legislative consulting, and recently, they have also been recruiting former aides. Samsung, which suffered from the so-called ‘National Governance Scandal,’ is known to outsource its government relations work to law firms.

However, lobbying is inevitable from a corporate perspective. As industrial and economic paradigms shift and the landscape is redesigned accordingly, new legislation and regulatory reforms must be supported, and corporations cannot rely solely on the National Assembly. A lawyer in charge of government relations explained, "The National Assembly Secretariat and expert committee members are not industry specialists, so there are limitations," adding, "In the private sector, a tremendous paradigm shift is occurring, and companies are making efforts to convey this appropriately." He continued, "The National Assembly cannot do everything alone," emphasizing, "An intermediary agency that understands both industry and the National Assembly is necessary."

The government relations work handled by former aides is similar to the role of ‘lobbyists’ in the United States. In the U.S., lobbying is considered a fundamental right of citizens as part of the Right to Petition guaranteed by the First Amendment.

Kwon Seong-dong, Acting President and Floor Leader of the People Power Party, is delivering the negotiation group representative speech at the plenary session held at the National Assembly on the 21st. Photo by Yoon Dong-joo doso7@

There was once a movement to legalize lobbying domestically. During the 17th National Assembly, former Democratic Party lawmaker Seunghee Lee, former Uri Party lawmaker Eunyoung Lee, and independent lawmaker Mongjun Chung submitted bills related to lobbyists. These bills focused on healthy lobbying activities by requiring individuals or corporations to register as lobbyists and disclose their activities and expenditures. A corporate government relations officer said, "Having lobbyists actually helps corporate activities," and added, "If lobbying is legalized, it won’t be done secretly over drinks or meals, so companies can actively create bills, which is more advantageous."

Although the right to petition is guaranteed under Article 26 of the South Korean Constitution, concerns about legalizing lobbyists remain. It is feared that lobbying could be used solely as a communication channel for specific interest groups, which does not align with public sentiment.

Professor Youngjin Choi of Chung-Ang University’s Department of Political Science and Diplomacy pointed out, "When conflicts arise among stakeholders, who will be more advantageous? Ultimately, rather than pursuing future-oriented legislation, money will be spent to protect their own interests." He added, "There are systems to check lobbyists in the U.S. as well," emphasizing, "Such efforts should be made nationwide."

Professor Youngsoo Jang of Korea University Law School expressed concerns, saying, "Do we have the prerequisites to legalize lobbyists? We need to thoroughly review the conditions and content of lobbying for legalization." He warned, "Legalization does not necessarily eradicate underground lobbying; it could even increase."