[News Terms] Ruling Party Tense Over Opposition's Mention of 'Dispositional Law'

Punishment Act for Election Fraud-Related Persons and Emergency Financial Measures Act Types
Automatic Enforcement by National Assembly Legislation Only, Controversy over Equality Rights Infringement
"Substantive Measures through Dispositive Laws" vs "Attempts Beyond Principles Not Allowed"

'Dispositive law (處分的 法律)' refers to laws that directly create rights or obligations for the people without going through procedures such as executive enforcement or judicial trials.

Unlike general laws, dispositive laws apply only to specific individuals or specific cases and deal with concrete and individual matters such as dispositions or measures targeting a certain group of people.

Lee Jae-myung, leader of the Democratic Party of Korea, is speaking at the Supreme Council meeting held at the National Assembly on the 22nd. Photo by Kim Hyun-min kimhyun81@

Types of dispositive laws include ▲ personal dispositive laws targeting only a limited group of people (e.g., Laws on Punishment of Election Fraud Participants, Laws on Purification of Political Activities, Laws on Handling Illegal Accumulation of Wealth, and Special Measures for Political Climate Reform), ▲ individual case laws targeting specific and concrete situations or incidents (e.g., Emergency Financial Measures Act, Emergency Monetary Measures Act), and ▲ temporary laws with limited application periods (e.g., Temporary Special Measures Act on Overseas Koreans’ Registration, Correction and Organization of Family Registers, Special Measures Act on Real Estate Ownership Transfer Registration, Special Measures Act on Marriage Registration, etc.).

As state functions expand, abstract laws applied to an unspecified majority cannot sufficiently consider the survival and welfare of the people, nor adequately respond to abnormal or crisis situations, leading to frequent enactment of dispositive laws. While they share similarities with special laws effective only within a certain scope, they are not identical.

Dispositive laws automatically gain enforceability solely through National Assembly legislation. The National Assembly can exercise administrative authority directly without going through the government. This is why the ruling party is tense about the opposition leader’s mention of utilizing dispositive laws.

There can be constitutional controversies such as violations of equality rights because dispositive laws may benefit specific groups. There are also criticisms that they violate the principle of separation of powers by infringing on executive authority. However, if used appropriately, dispositive laws can enable the National Assembly to cooperate with the government to enhance the welfare and interests of the people.

On the 17th, Lee Jae-myung, leader of the Democratic Party of Korea, said at an emergency economic situation review meeting of the Democratic Party’s Livelihood and Economic Crisis Countermeasures Committee held at the National Assembly, "It is frustrating that the government holds executive authority while the National Assembly basically performs oversight and legislative functions, often only urging from a third-party standpoint. It would be good to discover what the National Assembly can do directly," adding, "I hope that through the form of dispositive laws, the National Assembly takes the maximum practical measures possible."

National Assembly Building.
Photo by Yonhap News

Regarding this, Hong Ik-pyo, floor leader of the Democratic Party of Korea, said on the morning of the 22nd on the radio program 'Kim Tae-hyun’s Political Show' about the prospect of promoting livelihood recovery support funds through dispositive laws, "It will be difficult to do things like national livelihood recovery support funds in a dispositive manner because these require concrete financial support."

He added, "Credit pardons and similar measures do not necessarily have to be in the form of government administration but can be done as dispositive laws to restore citizens’ rights," and explained, "In the 22nd National Assembly, discussions will be held to identify which national rights can be realized through dispositive laws."

The ruling party is tense about the opposition’s intention to utilize dispositive laws. On the 19th, Yoon Jae-ok, acting leader of the People Power Party, told reporters after a meeting with party’s non-parliamentary organization chairpersons, "Dispositive laws do not align with the fundamental constitutional spirit of separation of powers," drawing a clear line by saying, "There is a distinction between what the National Assembly should do and what the government should do."

Yoon emphasized, "It is not desirable to attempt to go beyond the basic principles or common sense of state administration just because one won an election," and added, "If there are unconstitutional laws depending on the situation, they will be challenged at the Constitutional Court."