Kim Nam-guk's 'Bypass Reinstatement' Controversy... Even Before the Democratic Party Reinstatement Controversy?[News Seolcham]

(16) Recurring Reinstatement Controversies... 3 Times in the 21st Term
Coin Controversy Kim Nam-guk Reinstated via Satellite Party
Constitutional Court Recognized "Illegality" but Min Hyung-bae Reinstated
Kim Hong-gul Reinstated Despite "80,000 Won Fine" Ruling

Editor's Note'Seolcham' is a newly coined term meaning to refer to explanations for more detailed information. In [News Seolcham], we aim to pinpoint parts of the news that require fact-checking or further explanation and provide more detailed descriptions.

Criticism is mounting over the 'circumvented reinstatement' to the Democratic Party of Korea (DPK) as lawmaker Kim Nam-guk, who left the party amid a 'coin controversy,' now has a pathway to return after about a year.

Kim Nam-guk, a member of the Democratic Party of Korea who left the party due to a virtual asset speculation controversy, can return to the DPK if he passes the qualification review through the merger of the DPK and its proportional satellite party, the Democratic United Party. The DPK has a party rule that prohibits reinstatement for five years if a member leaves to avoid disciplinary action, but controversy has arisen over Kim allegedly attempting to return to the party by exploiting the merger process with the proportional satellite party, a so-called 'party affiliation laundering.' Given that the DPK has faced criticism multiple times over reinstatement controversies, negative public opinion is expected to continue for some time.

Kim was referred to the National Assembly Ethics Committee after it was revealed that he held and traded coins worth tens of millions of won and even traded coins during committee meetings. When the Ethics Committee discussed disciplinary action including 'removal from office,' he declared he would not run in the general election and left the party, and the expulsion proposal was rejected in the subcommittee. After remaining independent, Kim joined the Democratic United Party on March 20, ahead of the April 10 general election. Since the Democratic United Party is currently undergoing a merger process with the DPK, Kim ultimately became a member of the DPK again.

Kim claims, "I did not want to leave the party; I was forced out, so my reinstatement should not be an issue." On March 29, on SBS Radio, he said, "At the time of my departure, the media launched a witch hunt with accusations such as 'presidential election slush funds,' 'bribery,' and 'insider information use,' and some factions within the party tried to use me to shake the leadership." He added, "Now that all suspicions have been cleared, I believe there is no problem with my reinstatement." He further stated, "All allegations related to my departure were baseless witch hunts, so all obstacles making reinstatement difficult after leaving the party have disappeared."

The DPK has a rule preventing reinstatement if a member leaves to avoid disciplinary action. According to Article 11, Paragraph 5 of Party Regulation No. 2, those expelled or who left to avoid discipline cannot be reinstated within five years from the date of expulsion or departure. However, Kim argues that since he returned through a merger rather than an individual reinstatement application, there is no problem.

The DPK has faced reinstatement controversies even before Kim. There were three cases in the 21st National Assembly alone. In April 2022, lawmaker Min Hyung-bae left the DPK to pass the "Complete Removal of Prosecutorial Investigation Rights Act" (known as the "Prosecutorial Power Stripping Act") and was assigned to the National Assembly Legislation and Judiciary Committee as an independent. The Deliberative Democracy mechanism, the Agenda Coordination Committee, is composed equally with three members from the majority party and three from other parties to prevent unilateral passage of bills by the majority. At that time, there were three DPK members, two from the People Power Party, and one independent. Since at least two-thirds approval is required to submit a bill, Min played a key role in the committee as an independent member.

The People Power Party filed a constitutional complaint against Min, and in March last year, the Constitutional Court ruled that Min infringed on the committee's deliberation and voting rights. However, it acknowledged the validity of the Prosecutorial Power Stripping Act, stating it did not reach a level that would paralyze the National Assembly's functions. A month later, the DPK Supreme Council decided to reinstate Min, saying, "Min left the party based on conscience and participated in legislation as a matter of principle." The DPK has a rule allowing reinstatement after one year of leaving the party, and despite the Constitutional Court recognizing procedural illegality, Min was reinstated immediately after one year.

There was also controversy when lawmaker Kim Hong-gul was reinstated. Kim was expelled in September 2020 after it was revealed he failed to report real estate assets worth about 1 billion won. He was later indicted for violating the Public Official Election Act due to allegations of asset underreporting and received a confirmed fine of 800,000 won in 2021. Although he narrowly avoided losing his seat, which requires a fine of 1 million won or more, the DPK approved his reinstatement. At the time, there was criticism that the party leadership's expulsion decision was a loophole to accommodate Kim's situation. Kim, who entered the 21st National Assembly through proportional representation, would lose his seat if he voluntarily left the party, but could retain it if expelled by the party.