Political Circles Glossing over Passage of Bills

The academic world and civic groups are protesting about bills that were passed through the National Assembly November 7-8. Those bills should become invalid because they were carried when the number of lawmakers present did not reached a quorum (majority of the total 272 lawmakers).

The controversy over the invalid bills was stirred because tens of bills in the 114, which were passed during the two days, were dealt with only 7—100 lawmakers. Under Article 49 of the Constitution and Article 109 of the law on the National Assembly, the majority of the present lawmakers when majority of the registered lawmakers attend shall deliberate bills. Therefore, if majority of the registered lawmakers, or more than 137, do not participate in the session, the session itself is void.

As for the controversy, Park Kwan-yong, speaker of the National Assembly, acknowledged November 10 that there were some problems, but he did not show his willingness to present those bills again, just saying, "We are now finding ways not to repeat such situations. "

Kim Seong-gon with the National Assembly said, "To take the vote on the bills again could bring unexpected legal and political repercussions, so it is impossible."

Lee Gyu-taek, floor leader of the majority Grand National Party (GNP), made the argument that generally lawmakers in the hallways have been regarded as being present at the session, so there was no problem in the passage of those bills.

Meanwhile, Rep. Ham Seung-hee of the Millennium Democratic Party (MDP), with legal background said, "The bills, which caused a lot of troubles in the procedure, are invalid, so people who have interests in the law can file a lawsuit. The national Assembly should convene a plenary session at the earliest time to discuss those bills again."

Huh Young, professor of MyoungJi University, said, "In principle only lawmakers who are at the session in the assembly room are considered as present. The bills passed by lawmakers who are not enough for a quorum are invalid."

Professor Kim Min-Jeon of Kyung Hee University added, "The lawmakers passed the bills when the number of them was not enough for a quorum. This compromised the Constitution. When those interested file a petition on the ground of the Constitution, these bills certainly will be ruled as invalid."

On the same day, People’s Solidarity for Participatory Democracy issued a statement, which said that the lawmakers violated their duty to the Korean people by damaging the authority and effectiveness of the law and called for reconsideration of the bills. The civic group also urged the Speaker’s committee, which presided over the session, and the two parties to take responsibility and promise not to repeat such an act.

Jong-Koo Yoon jkmas@donga.com