Democratic Party: "Safeguarding Constitutional Order"
People Power Party: "Clearly Unconstitutional"
The so-called 'Pardon Prohibition Act,' which restricts the president's pardon authority for those who have committed insurrection or treason, has passed the bill review subcommittee of the National Assembly Legislation and Judiciary Committee under the leadership of the Democratic Party of Korea.
The First Bill Review Subcommittee of the National Assembly Legislation and Judiciary Committee announced that it had approved the amendment to the Pardons Act at a meeting on the afternoon of the 20th. While lawmakers from the People Power Party walked out, raising objections to the purpose of the bill and its potential unconstitutionality, the vote was carried out under the leadership of the broader pro-government bloc, including the Democratic Party of Korea.
Kim Yongmin, chair of the Legislation and Judiciary Committee's First Bill Review Subcommittee, is presiding over a subcommittee meeting at the National Assembly on the 20th to review amendments to the Pardon Act. Yonhap News
The core of the amendment is to restrict the president from, in principle, exercising pardon authority for those who have committed insurrection or treason. However, it adds an exception clause allowing pardons if at least three-fifths of the total number of National Assembly members consent. In effect, it establishes a mechanism of legislative control over the pardon power, which is defined by the Constitution as an exclusive authority of the president.
Seo Youngkyo, a Democratic Party lawmaker who sponsored the bill, told reporters immediately after it passed the subcommittee, "We must not allow a repetition of granting impunity for serious crimes that threaten the constitutional order, such as the declaration of martial law," adding, "The intent is to help safeguard the constitutional order through a minimum institutional safeguard on the exercise of the pardon authority."
The People Power Party, on the other hand, immediately pushed back. Its lawmakers held a press conference and denounced the bill as "clearly unconstitutional legislation."
Na Kyungwon, a People Power Party lawmaker, is making a procedural remark at the First Bill Review Subcommittee of the National Assembly's Legislation and Judiciary Committee on the 20th. Yonhap News
Na Kyungwon said, "Article 79 of the Constitution grants the president the authority to order pardons, commutations, and restorations of rights, and this constitutes a highly political act of governance," arguing that "fundamentally restricting this by statute runs squarely counter to the principle of separation of powers." She then pointed out that the current amendment could take on the character of a 'disposal-type law' drafted with a specific case or individual in mind. She added that if it affects ongoing trials, controversy over violating the principle prohibiting retroactive legislation would be inevitable.
© The Asia Business Daily(www.asiae.co.kr). All rights reserved.
