"From Reinstatement" vs "From Apology"... Divided Opposition over Min Hyung-bae's Reinstatement

Constitutional Court: "Min Hyung-bae, 'Agenda Committee Neutralization' by Leaving Party"
Interest in Rejoining Method... "10% Reduction in Nomination if Leaving Party"

Following the Constitutional Court's ruling validating the legislation on 'Geomsu Wanbak' (complete removal of prosecutorial investigation rights), attention is turning to whether independent lawmaker Min Hyung-bae will rejoin the Democratic Party of Korea. With the general election just a year away, the method of his reinstatement could affect the party's candidate screening process, making this a hot topic.

Opinions on Min's departure from the Democratic Party are divided into two camps: the so-called 'cunning resignation' and 'sacrificial resignation.'

In April last year, Min resigned from the Democratic Party to pass amendments to the Criminal Procedure Act and the Prosecutors' Office Act at the National Assembly's Legislation and Judiciary Committee's agenda adjustment subcommittee. Subsequently, as an independent, he attended as a member of the agenda committee representing non-negotiating groups and cast the decisive vote to send the bill to the plenary session.

On the 23rd, the Constitutional Court ruled that the Geomsu Wanbak law's legislation was valid. However, it also pointed out that Min's appointment to the agenda adjustment committee after his resignation was a de facto 'sham resignation' intended to nullify the agenda adjustment committee, which is supposed to be composed of an equal number of ruling and opposition members under the National Assembly Act.

In response, voices within the Democratic Party called for Min's reinstatement, recognizing his sacrifice to pass the bill. Although the Constitutional Court acknowledged procedural flaws in the legislative process, it ultimately affirmed the law's validity, suggesting that Min could be reinstated.

Assemblyman Jung Tae-ho expressed that Min should be reinstated. On the 27th, during SBS Radio's 'Kim Tae-hyun's Political Show,' Jung said, "Min was the most dedicated and passionate about prosecutorial reform," adding, "Although it was a significant burden politically, I have understood that he resigned based on his own decision."

Jung continued, "Since the Constitutional Court saw room for procedural flexibility, I believe Min will consider those aspects in his judgment," and added, "I hope he will communicate well with the public, considering democratic parliamentary operations and public sentiment."

Earlier, on the 24th, Assemblyman Park Joo-min also appeared on MBC Radio's 'Kim Jong-bae's Focus,' stating, "Min judged that resignation was the only option and made a serious decision," and said, "Although it has been criticized as a cunning move, it should be recognized as Min's determination to pass the bill. I think it's time for him to be reinstated."

Independent lawmaker Min Hyung-bae. [Image source=Yonhap News]

On the other hand, the anti-Myeong (anti-Lee Jae-myung) faction insists that apology and reflection should come before discussing Min's reinstatement. They argue that the Constitutional Court's judgment, which acknowledged the illegality of the agenda committee review process due to the sham resignation, must be accepted.

Assemblyman Park Yong-jin stated on Facebook on the 26th, "Min's cunning resignation, which was pointed out as problematic by the Constitutional Court, and the nullification of the agenda adjustment committee that respects minority opinions and deliberation within the National Assembly, as well as the infringement on the National Assembly's review and voting rights, require a sincere apology to the public."

Park explained, "Respecting the Constitutional Court's decision means not selectively accepting only favorable conclusions but also acknowledging our mistakes," adding, "Accepting harsh criticism directed at us, fully recognizing and apologizing for our faults, is the path and attitude for the Democratic Party to hold moral and political superiority."

Assemblyman Lee Won-wook also wrote on Facebook the same day, "Reflecting on our failure in the last presidential election, we must recognize that the Democratic Party was so focused on 'strong will' that it was completely ignorant of the public sentiment prepared to judge the party's double standards," and added, "That knowledge must evolve into true understanding, which can only be gained through painful self-reflection that public sentiment is the will of heaven."

With the general election a year away, there is also interest in the method of Min's reinstatement. The Democratic Party's bylaws stipulate a 10% deduction in candidate screening scores for those with a history of resignation. However, this deduction is not applied if the reinstatement is at the party's request.

Nonetheless, on the 26th, Democratic Party spokesperson Lim Oh-kyung stated that there had been no discussion yet regarding Min's reinstatement.