On the 30th, Application for Suspension of Effectiveness Injunction Submitted to the Constitutional Court
Situation Considering 'Filibuster' as Well
The People Power Party has taken steps to block the so-called ‘Yellow Envelope Act’ (Amendment to the Labor Union and Labor Relations Adjustment Act), which was directly referred to the plenary session by the opposition party alone.
According to the People Power Party on the 30th, in the morning, lawmakers Jeong Jeomsik, Jang Donghyeok, and Jeon Juhye, members of the National Assembly’s Legislation and Judiciary Committee, are scheduled to visit the Constitutional Court to submit a petition for adjudication of authority dispute and an application for provisional suspension of the law directly referred to the plenary session regarding the Yellow Envelope Act.
The People Power Party intends to examine whether Article 86, Paragraph 3 of the National Assembly Act, which the Democratic Party of Korea used as the basis for the direct referral of the Yellow Envelope Act to the plenary session, violates the principle of due process and the Constitution.
Article 86, Paragraph 3 of the National Assembly Act states that if the Legislation and Judiciary Committee fails to complete its review within 60 days without reason, the bill can be directly referred to the plenary session if at least three-fifths of the members of the relevant standing committee approve. On the 24th, during the full meeting of the Environment and Labor Committee, the opposition lawmakers from the People Power Party walked out, and nine Democratic Party lawmakers along with Lee Eunju from the Justice Party voted in favor, meeting the requirement.
On the morning of the 24th, at the Environment and Labor Committee plenary meeting held at the National Assembly, Im Eija, the ruling party's floor leader from the People Power Party, is protesting to Chairman Jeon Hae-cheol regarding the submission of the request to directly refer the "Yellow Envelope Act" to the plenary session. (Photo by Yonhap News)
The People Power Party judged that since the Yellow Envelope Act was an issue ‘under discussion’ in the Legislation and Judiciary Committee, the opposition’s unilateral handling of the agenda demanding direct referral to the plenary session in the Environment and Labor Committee infringed upon the Legislation and Judiciary Committee’s authority to review bills.
Lawmaker Jeong said at the party’s floor strategy meeting that “On March 27, the Legislation and Judiciary Committee discussed the Yellow Envelope Act with all members of both ruling and opposition parties present. Later, on the 26th of last month, more in-depth discussions were planned with the Ministry of Labor, the main department in charge, as well as the Ministry of Justice and the Court Administration Office, but the Democratic Party unilaterally walked out, preventing proper deliberation. On the 16th as well, the bill was on the agenda of the Legislation and Judiciary Committee, but the act of directly referring it to the plenary session simply because 60 days had passed, as claimed by the Democratic Party and Environment and Labor Committee Chairman Jeon Haecheol of the Democratic Party, is arrogance and disregard for the National Assembly Act by the Democratic Party,” he criticized.
Lawmaker Jeon also said in a phone interview with Asia Economy on the same day, “We will argue that the direct referral of the Yellow Envelope Act to the National Assembly plenary session itself is illegal,” adding, “The bill was being properly reviewed, and although more than 60 days had passed, the direct referral to the plenary session based on Article 86, Paragraph 3 of the National Assembly Act is itself insufficient to meet the requirements.”
The People Power Party is even considering a filibuster (legal obstruction of parliamentary proceedings). If the Constitutional Court does not issue a provisional injunction ruling before the Yellow Envelope Act is processed in the National Assembly, the possibility of a filibuster is expected to increase.
Im Ija, the ruling party’s floor secretary of the National Assembly’s Environment and Labor Committee, emphasized, “If this law (Yellow Envelope Act) passes, our country’s industrial sites will become a chaotic scene full of political strikes and illegal acts throughout the year,” and added, “All members of the People Power Party’s Environment and Labor Committee will use every means to block the passage of this illegal strike-promoting law in the National Assembly.” The Yellow Envelope Act includes provisions that restrict claims for damages and provisional seizure against striking workers and expand the concept of employers to strengthen the responsibility of the primary contractor for subcontracted workers. The People Power Party calls it the ‘illegal strike-promoting law.’
Previously, the People Power Party also filed a petition for adjudication of authority dispute with the Constitutional Court regarding the direct referral to the plenary session of the so-called ‘Broadcasting Act’ (Act on Improvement of Public Broadcasting Governance), which went through the same procedure as the Yellow Envelope Act. The Constitutional Court has already started the process, designating June 15 as the first public hearing date. The Broadcasting Act mainly aims to expand and reorganize the boards of directors of public broadcasters and the Broadcasting Culture Promotion Foundation, the supervisory body, to reduce political influence in board composition.
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