[News Terms] Denial of Constitution? Infringement of Legislative Power? ... Controversy Surrounding the Veto Power

On the 16th, Chu Kyung-ho, the floor leader of the People Power Party, clearly stated that he could not accept the Democratic Party of Korea's call for a 'one-point constitutional amendment' to limit the president's veto power, saying, "The presidential veto is the core of the principle of separation of powers."

The "Double Special Prosecutor Act," which was returned to the National Assembly due to President Yoon Suk-yeol's exercise of the veto power, was finally discarded as it was rejected at the plenary session on the afternoon of February 29. The photo shows Minister of Justice Park Seong-jae explaining the reasons for the veto request at the plenary session held that day. Photo by Yonhap News.

The veto power is the authority of the president to refuse consent to a bill passed by the National Assembly, also known as the right to request reconsideration. It is a mechanism established to limit the excessive authority of the legislative body, the National Assembly, and to maintain balance with the executive branch, the government. It developed as a means for the executive branch to check the legislature in the U.S. presidential system.

In South Korea, the veto power is explicitly stated as an inherent right of the president in the Constitution. According to Article 53 of the Constitution, the president must promulgate a bill passed by the National Assembly within 15 days, and if there is an objection to the bill, the president may attach a written objection and return it to the National Assembly within that period to request reconsideration. Accordingly, for a bill vetoed by the president to be passed again, a majority of the total members must be present, and at least two-thirds of the members present must approve it. If the bill is re-passed through this procedure and finalized as law, the president promulgates it within five days after it is sent to the government. If the president does not promulgate it, the Speaker of the National Assembly promulgates it.

However, the specific conditions for exercising the veto power are not stipulated in the Constitution. It is entirely left to the president's discretion. The Democratic Party holds the position that the president's veto power should be exercised restrictively for reasons that the public can agree with.

Even though the veto power is an inherent right of the president, not all past presidents have exercised it. According to a report titled "The Exercise of Veto Power by Past Presidents and Overseas Cases," published last year by the National Assembly Research Service, among the 12 presidents from the first president Syngman Rhee to former president Moon Jae-in, six presidents?Syngman Rhee, Park Chung-hee, Roh Tae-woo, Roh Moo-hyun, Lee Myung-bak, and Park Geun-hye?exercised the veto power a total of 66 times. Among these, from the Roh Tae-woo administration, which is regarded as a turning point for democratization, to the Moon Jae-in administration, the total number of bills vetoed by presidents was 16.

Meanwhile, the special investigation law for Corporal Chae, on which President Yoon Suk-yeol is weighing the exercise of veto power, was passed by the National Assembly plenary session on the 2nd and sent to the government on the 7th. If President Yoon exercises his veto on the Corporal Chae special investigation law, it will be the 10th time since his inauguration. It is known that President Yoon plans to take time for the final decision and listen to the opinions of related ministries and public opinion. The deadline for exercising the veto is the 22nd.