'Public Official Election Act, Criminal Procedure Act, and Commercial Act' in Succession... Democratic Party Launches Legislative Offensive

Reviewing the Promotion of the Three Broadcasting Laws, the Grain Management Act, and the Yellow Envelope Act

The Democratic Party of Korea has decided to process the amendment to the Criminal Procedure Act at the plenary session of the National Assembly on June 12, which is the last day of Park Chandae's term as Floor Leader. The party is also considering handling amendments to the Public Official Election Act, the Commercial Act, the three broadcasting laws, the Grain Management Act, and the Yellow Envelope Act. This move is interpreted as an effort to resolve President Lee Jaemyung's judicial risks, to process existing party platform bills in support of the party's governing philosophy, and to reduce the political burden on the next leadership.

According to political sources on June 9, the Democratic Party is reviewing the handling of amendments to the Criminal Procedure Act and the Public Official Election Act, as well as the Commercial Act amendment, the Yellow Envelope Act (amendment to the Trade Union and Labor Relations Adjustment Act), the three broadcasting laws (amendments to the Broadcasting Act, the Foundation for Broadcast Culture Act, and the Korea Educational Broadcasting System Act), and the Grain Management Act, all of which are being promoted as part of President Lee's governing philosophy and the party's official platform.

The top-priority bill is the amendment to the Criminal Procedure Act, which would suspend ongoing criminal trials for a sitting president. If this bill passes and is applied to President Lee, five ongoing trials?perjury instigation, Daejang-dong and Seongnam FC cases, North Korea remittance, corporate credit card misuse, and violation of the Public Official Election Act?would be halted.

This is based on the argument that the law should explicitly stipulate the suspension of trials in the case of President Lee's Public Official Election Act retrial. If the amendment to the election law promoted by the Democratic Party passes, the Public Official Election Act violation case, for which the Supreme Court previously ruled guilty, is expected to be concluded as 'dismissed on the merits.'

At the Supreme Council meeting, lawmaker Junghyunhee argued, "It is the spirit of the Constitution and the prevailing view among constitutional scholars that a sitting president's ongoing criminal trials should be suspended. The amendment to the Criminal Procedure Act that passed the Legislation and Judiciary Committee aims to clarify the relevant provisions of the Constitution and the Criminal Procedure Act, and precisely aligns with the intent of presidential immunity from prosecution."

The amendment to the Commercial Act, which was previously blocked by the exercise of the right to request reconsideration (veto) by former President Yoon Sukyeol and former Acting President and Prime Minister Han Ducksoo, was reintroduced on June 5, immediately after the presidential election. The reintroduced amendment not only expands the duty of loyalty of directors to include shareholders, as in the previous bill, but also limits the combined voting rights of the largest shareholder and related parties to 3% when appointing audit committee members. Most provisions are set to take effect immediately upon promulgation.

The core of the three broadcasting laws is to increase the number of board members at public broadcasters such as KBS, MBC, and EBS, and to expand the right to recommend board members to academic and professional organizations. During the Yoon Sukyeol administration, both bills were discarded after being put to a re-vote in the National Assembly following two vetoes by former President Yoon. The currently reintroduced bills are pending in the National Assembly's Science, ICT, Broadcasting and Communications Committee.