Controversy Over President's Spouse 'Heated'... How the US and France Resolved It [News SeolCham]

(19) Presidential Spouse Law Dilemma
US Enacts Law Defining Presidential Spouse as Public Official
France Formalizes Secretary Office and Security... Activities Unpaid

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

The risk associated with the president's spouse is shaking the political world day after day. While the prosecution is investigating allegations of luxury handbag bribery involving First Lady Kim Keon-hee, wife of President Yoon Seok-yeol, former President Moon Jae-in's spouse Kim Jung-sook is once again embroiled in controversy over her solo visit to the Taj Mahal in India in 2018.

In political circles, voices are rising to either reestablish the Second Secretariat dedicated to the president's spouse or to enact a Spouse Act that legally defines the status and support for the president's spouse. However, the Spouse Act inevitably faces a dilemma. As the spouse of the national leader, they inevitably perform certain roles such as accompanying diplomatic visits and receive related support and protocol, but there are concerns about whether it is appropriate to create a law that defines legal roles, status, and support for a person who is not an elected public official.

The National Assembly Research Service pointed out in a research report published this month titled 'Legal Status of the French President's Spouse' that "even if South Korea reinstates the Second Secretariat of the Presidential Office, it would be difficult to fundamentally resolve issues related to the status of the president's spouse." It noted that while defining the status of the president's spouse by law could resolve such issues, it creates a dilemma of imposing public official responsibilities and duties on an unelected presidential spouse. It further advised that "careful discussion and social consensus should precede institutionalizing the customary roles of the president's spouse."

From the left, Mrs. Kim Geon-hee, Mrs. Kim Jung-sook. [Image source=Presidential Office, Yonhap News]

How do other countries address this issue?

In July 2017, French President Emmanuel Macron attempted to grant his wife an official First Lady status as part of his presidential campaign promises. The logic was that it is inappropriate for the president's spouse to take on political roles without legal status, so the scope of their role and support should be codified. On the other hand, opponents at the time argued that it was unreasonable for a person not elected as a public official to represent the people and undertake public duties. Particularly, they judged it inappropriate that recognizing the official status of the First Lady would allocate an additional monthly budget of 600 million won for security personnel and other expenses. The online petition campaign opposing the formalization of the president's spouse status garnered support from 300,000 people, reflecting strong opposition.

In response, in August of the same year, President Macron announced the 'Transparency Charter on the Status of the Head of State's Spouse' without allocating a separate budget. The charter limited the president's spouse's roles to ▲accompanying international meetings ▲communication with the public ▲supervising events at the ?lys?e Palace, and formalized the establishment of a secretariat for the president's spouse and security support. Payment of salaries or honoraria for the president's spouse's activities was prohibited.

This also faced criticism for providing special benefits to the president's spouse, violating fairness, and for the president directly defining the spouse's status without legislative or judicial review, leading to administrative lawsuits. However, the French Council of State, the highest administrative court, dismissed the plaintiff's claim on the grounds that the 'Transparency Charter' did not establish general rules applicable to all presidential spouses.

Some countries recognize the legal status of the president's spouse. In the United States, according to a 1993 appellate court precedent, the president's spouse is considered effectively a government officer or employee. Additionally, Section 105 of Title 3 of the U.S. Code, enacted in 1978, stipulates that when the president's spouse supports presidential duties, approved support provided to the president may also be extended to the spouse. Despite these provisions, debates over the role of the First Lady persist in the U.S. Nancy Reagan, wife of former President Ronald Reagan who served from 1981 to 1989, stirred controversy by actively intervening in state affairs, including personnel recommendations, departing from the traditional supportive role.

On June 30, 2022, Ferdinand Marcos Jr. (right), President of the Philippines, and his mother Imelda attended the presidential inauguration ceremony. [Image source=Reuters Yonhap News]

Meanwhile, controversies surrounding the president's spouse are not unique to Korea. Imelda Marcos, spouse of former Philippine dictator Ferdinand Marcos who ruled from 1965 to 1986, was notorious for a lavish lifestyle, including collecting thousands of pairs of shoes. In 1986, the Marcos family fled to Hawaii following a popular uprising, and numerous gold, jewels, and luxury clothing left behind in the presidential palace were uncovered. However, in 2022, his son Bongbong Marcos Jr., a former senator aged 64, was elected president of the Philippines, making Imelda the mother of the president rather than the president's wife.

There have also been cases where the male spouse of a national leader, i.e., the First Gentleman, came under scrutiny. In August last year, Andrea Zamburro, who was in a de facto relationship with Italian Prime Minister Giorgia Meloni, sparked fierce backlash by stating on a TV news show that young women could avoid sexual assault if they did not get drunk. He was also embroiled in scandals involving lewd remarks toward female colleagues, and Prime Minister Meloni announced their breakup in October last year.