[Constitutional Amendment, Connecting the Future] An Unprecedented Crisis in the Constitutional Order... The Great Journey of Era Transition Has Begun

The Right Timing to Revitalize Momentum for Constitutional Reform
Growing Consensus on Amendment Within and Beyond the Political Sphere
Diverse Perspectives on Timing, Content, and Methods

Editor's NoteThe Constitution of the Republic of Korea is the foundation of the nation and the standard for the lives of its people. The '1987 regime,' symbolizing the last constitutional amendment, is now being called into question. Considering nearly 40 years of changes, there is a need for new standards to redesign Korea's present and future. For members of the National Assembly and political scientists, constitutional amendment is recognized as an inevitable task of the times. The 'social turmoil' triggered by the emergency martial law paradoxically revitalized the momentum for constitutional reform. Across the political spectrum, including both ruling and opposition parties, and throughout Korean society, constitutional amendment has emerged as a key topic of interest. Based on diagnoses from former presidents of European countries that have experienced constitutional amendments, as well as political and economic scholars from the United States and Japan, the president of the Korean Constitutional Association, and former governors of the Bank of Korea, this article aims to analyze this era of great transformation and sketch a blueprint for constitutional reform suited to Korean society.

On the 6th, before the 'Decentralized Power Structure Constitutional Amendment Grand Debate' jointly hosted by the Korea Constitutional Association and the Democratic Promotion Council held at the National Assembly Library Auditorium, Jeong Dae-cheol, president of the Constitutional Association, and other attendees are performing the national ceremony. 2025.3.6 Photo by Kim Hyun-min

The shockwave from the December 3 emergency martial law incident led to fundamental questions about the standards and order of the community known as the Republic of Korea. The crisis in the constitutional order became an opportunity to spread consensus on the necessity of constitutional amendment. There is no disagreement on the overarching premise that constitutional amendment is necessary. However, differences in opinion are evident regarding the timing, method, and content.

The dividing line in the debate over constitutional amendment lies between the Democratic Party leadership and its mainstream faction on one side, and the People Power Party and the Democratic Party's non-mainstream faction on the other. First, Lee Jae-myung, leader of the Democratic Party, and the leadership hold the position that "the immediate task is to end the internal conflict."

On the 6th, Jin Sung-jun, chairman of the Democratic Party's Policy Committee, stated, "In a situation where there is rampant incitement to rebellion aiming to destroy the prosecution, the Corruption Investigation Office for High-ranking Officials, and the Constitutional Court, constitutional amendment is not a trivial matter," adding, "If an early presidential election occurs, it is proper to promote constitutional amendment after candidates go through the process of pledges and debates during the election period and confirm public support and choice."

On the other hand, the People Power Party has already formed a special committee on constitutional amendment and is actively engaging in related discussions. Senior Democratic Party figures, including Gyeonggi Province Governor Kim Dong-yeon, former Prime Minister Kim Boo-kyum, former Gyeongnam Province Governor Kim Kyung-soo, former lawmaker Kim Doo-kwan, and former National Assembly Speakers, are also supporting constitutional amendment.

The political pressure on the Democratic Party mainstream regarding constitutional amendment reflects the reality that without their consent, the movement for amendment is unlikely to gain traction. According to Articles 128 and 130 of the Constitution, a constitutional amendment proposal requires the approval of a majority of the total members of the National Assembly (or presidential proposal) and then a two-thirds majority of the total members to be submitted to a national referendum.

◆ Constitutional Amendment Discussions in the Political Sphere = The consensus among politicians is the reconfiguration of the principle of checks and balances. Constitutional scholar Sung Nak-in, former president of Seoul National University, evaluated the situation by citing the opposition's 'impeachment overreach' and the president's 'martial law,' stating, "This marks the end of the Sixth Republic." As extreme political confrontation escalated into a constitutional suspension crisis, the constitutional amendment debate has largely focused on the power structure itself and martial law.

Except for Lee Jae-myung, presidential candidates propose constitutional amendments aimed at dispersing presidential powers. The core plan includes strengthening local autonomy, having the National Assembly appoint the Prime Minister, and establishing substantial Prime Ministerial authority, effectively creating a semi-presidential system. Regarding the presidential term, a four-year renewable term aligned with the general election schedule is being discussed.

Some in the political sphere suggest that if an early presidential election occurs, the next president's term should be three years, followed by constitutional amendment toward a four-year renewable term aligned with the 2028 23rd National Assembly election schedule.

The People Power Party emphasizes constitutional amendment while criticizing Lee Jae-myung for not being proactive about it. Regarding timing, they propose restructuring the power system through constitutional amendment either before or alongside an early presidential election. They also argue that, in addition to dispersing presidential powers, the National Assembly's powers should be weakened.

Conversely, opposition figures such as Governor Kim Dong-yeon and former lawmaker Kim Doo-kwan advocate for shortening the presidential term and propose holding a constitutional referendum around the 2026 local elections. Their stance is to address not only power structure reform but also fundamental rights and economic provisions.

After President Yoon's impeachment decision, Lee Jae-myung is expected to express his views on the constitutional amendment roadmap. Jung Sung-ho, a Democratic Party lawmaker known as a leader of the pro-Lee Jae-myung faction, said, "If the early presidential election phase begins after impeachment, he will clarify his position on how to proceed."

◆ How Will the Constitutional Amendment Debate Progress? = The constitutional amendment debate is closely tied to whether President Yoon's impeachment is accepted. If impeachment is accepted, an early presidential election phase will unfold. According to the provision to elect a successor within 60 days in case of presidential vacancy, a roughly two-month presidential race will take place. The People Power Party intends to promote constitutional amendment focused on restructuring the power system either before or alongside the presidential election.

A more realistic constitutional amendment plan is for the political sphere to reach an agreement on constitutional amendment if an early presidential election materializes. The most frequently mentioned timetable is to hold a constitutional referendum simultaneously with next year's local elections. The proposal is to have the new government discuss and draft the Constitution of the Seventh Republic and then hold a national referendum.

Political elder Park Byeong-seok, former Speaker of the National Assembly, and Yoo Seung-min, a presidential candidate from the ruling party, recently mentioned the "3+4" plan (shortening the presidential term to three years, allowing the incumbent to run in the next election) to encourage Lee Jae-myung to join the constitutional amendment movement.

On the 4th, former Speaker Park asked, "Is it realistic to ask a president with a five-year term to become a three-year president who disperses powers immediately in front of him?" He added, "If the first presidential term is only three years but serves as a mid-term evaluation, it could pave the way for consensual constitutional amendment." Former lawmaker Yoo also proposed in a media interview, "If the next president shortens the term and receives renewed confidence, they should be allowed to serve an additional four years."

Meanwhile, public opinion on constitutional amendment is also revealed through surveys. According to a Gallup poll released on the 7th, 54% of respondents said constitutional amendment to change the presidential system is necessary, significantly higher than the 30% who said it is not. Regarding the direction of constitutional amendment, 64% supported a four-year renewable term, surpassing the current single five-year term (31%). However, regarding presidential powers, 43% said the current level should be maintained, 35% said it should be reduced, and 14% said it should be expanded.