Acting Prime Minister Han Deok-su, Will He Veto the 'Kim Geon-hee Special Prosecutor Act'?

Attention on First Lady Kim Geon-hee's Veto of Special Prosecutor Law
Significant Political Burden... "Maintaining Status Quo is Main Task"
Possible Indirect Communication by Yoon... Deliberation Between Ruling and Opposition Parties

Prime Minister Han Duck-soo, acting as the presidential authority, is drawing attention as to whether he will exercise the right to request reconsideration (veto power) on bills passed by the National Assembly led by opposition parties such as the Democratic Party of Korea.

The key issue is the special investigation law for Kim Keon-hee, which President Yoon Suk-yeol has sent back to the National Assembly three times. However, there is speculation that it may not be easy for Acting Prime Minister Han to actively exercise veto power like the president.

According to the Presidential Office and the Prime Minister's Office on the 16th, Acting President Han received presidential powers such as the command of the armed forces, the reception of diplomatic envoys, the ratification of treaties, the right to veto and promulgate laws, administrative legislative powers, appointment and dismissal of public officials, the composition of constitutional institutions, and the authority for pardons, commutations, and restorations, following the passage of the impeachment motion against President Yoon.

Among these, the extent to which Acting President Han will exercise the veto power on bills is a matter of interest. Since taking office, President Yoon has exercised veto power on a total of 25 bills, including the special investigation law for Kim Keon-hee.

Since Acting President Han has been delegated presidential authority, it appears legally possible for him to exercise veto power. During the impeachment trial period of former President Roh Moo-hyun, Acting Prime Minister Go Gun also exercised veto power on the "Special Law on Compensation for the Geochang Massacre" and the "Amendment to the Pardon Law."

However, many analyses suggest that it will not be easy for Acting Prime Minister Han to actively exercise veto power amid the extremely deteriorated public opinion against President Yoon. The legal community also interprets that the role of the acting authority should be limited to passive maintenance of the status quo.

In particular, the pressure from the major opposition party that passed the impeachment motion against President Yoon is also a burden.

Lee Jae-myung, leader of the Democratic Party, said the day before, in response to a question about whether Acting President Han is likely to exercise veto power on the special investigation, "From a textbook perspective, the main duty of an acting official is to maintain the status quo," adding, "I think Acting President Han will not exceed the limits of his acting role."

Although Prime Minister Han is currently under accusation for the crime of rebellion related to the emergency martial law situation, Lee said, "For now, we have decided not to proceed with impeachment against (Prime Minister Han)," but depending on whether Han exercises veto power, the possibility of resuming impeachment procedures later cannot be ruled out.

On September 13, 2023, President Yoon Suk-yeol and First Lady Kim Keon-hee salute the national flag at the luncheon encouraging the 2024 Paris Paralympic team. Photo by Yonhap News.

The immediate issue is the special investigation laws on rebellion and Kim Keon-hee, which passed the plenary session of the National Assembly on the 12th. Once these bills are sent to the government, the president must either promulgate or exercise veto power within 15 days. Considering this, Acting President Han must decide whether to exercise veto power by the end of this month or early next year.

The so-called "Agriculture Four Acts," including the Grain Management Act and the Agricultural and Fishery Disaster Countermeasures Act, which passed the National Assembly led by the opposition on the 28th of last month, are also problematic. These bills were sent to the government on the 6th, so the veto deadline is by the 21st.

Prime Minister Han is deliberating between the ruling and opposition parties. Earlier, the People Power Party requested President Yoon to exercise veto power on these six bills on the 13th, before the presidential impeachment motion was passed.

Although President Yoon is currently suspended from duty, there is also speculation that the intention to exercise veto power on the special investigation law for Kim Keon-hee and others may be indirectly conveyed to Acting President Han.