'Fast-Track Clash' Lawmakers Retain Seats in First Trial...Na Kyungwon Says "Court Recognized Minimum Line to Block Dictatorship" (Comprehensive)

Six incumbent lawmakers, including Na Kyungwon of the People Power Party and Floor Leader Song Eonseok, who were involved in the National Assembly fast-track clash, have been sentenced to fines and will retain their parliamentary seats.

Yonhap News

On November 20, the 11th Criminal Division of the Seoul Southern District Court (Presiding Judge Jang Chan) sentenced Na Kyungwon to a fine of 20 million won for obstruction of special official duties and other charges, and an additional fine of 4 million won for violating the National Assembly Act. Song Eonseok, Floor Leader of the People Power Party, was fined 10 million won for obstruction of special official duties and 1.5 million won for violating the National Assembly Act.

Kim Jungjae was fined a total of 11.5 million won, Lee Manhee was fined a total of 8.5 million won, Yoon Hanhong received a total fine of 7.5 million won, and Lee Cheolgyu was fined a total of 5.5 million won.

With this ruling, Na Kyungwon, Song Eonseok, and the other incumbent lawmakers will keep their seats. In general criminal cases, a sentence of imprisonment or higher, or in cases of violating the National Assembly Act, a fine of at least 5 million won, is required for a lawmaker to lose their seat.

The court stated, "This is the first case in which members of the National Assembly themselves violated the legislative decision-making process that the Assembly established to reflect on past mistakes and restore public trust." The court added, "Regardless of the merits or demerits of the controversial bills that sparked the dispute, it is undeniable that this incident damaged the public's expectations and trust in the National Assembly." The court further noted, "As lawmakers, the defendants are in a position that requires them to adhere to the Constitution and laws more strictly than anyone else, yet they used illegal means to obstruct the legislative activities of their colleagues or disrupt the normal operation of the Assembly. Therefore, their culpability is by no means light, and the grounds for criticism are significant."

However, the court also stated, "It appears that the defendants acted out of political motives to point out the problems with the controversial bills and the actions in question, and to bring their unjustness to public attention." The court explained, "Fundamentally, this case stems from the failure of the Assembly members to develop a mature legislative culture that gathers the diverse opinions of the public and enacts laws and makes policy decisions through dialogue, compromise, and persuasion."

Yonhap News Agency

After the trial, Na Kyungwon told reporters, "I am disappointed that a not-guilty verdict was not reached," but added, "The court clearly recognized the legitimacy of our political circumstances and resistance." She continued, "I believe the court acknowledged the minimum line of defense to prevent the Democratic Party's dictatorship."

Joo Jinwoo of the People Power Party, who was also present, said, "The court criticized the Democratic Party for unilaterally passing the bills," and added, "It is only natural that the sentence did not result in the loss of our seats, and the prosecution should also accept this outcome."

They were indicted in January 2020 on charges of confining Chae Ibae, then a lawmaker of the Bareunmirae Party, in his office in April 2019, as well as occupying the Bill Division office, the Special Committee on Political Reform, and the Special Committee on Judicial Reform meeting rooms in the National Assembly.

At the time, the ruling and opposition parties clashed violently over whether to designate bills such as the establishment of the Corruption Investigation Office for High-ranking Officials and the introduction of a mixed-member proportional representation system as fast-track (expedited processing) bills.