Democratic Party pushes insurrection court despite opposition warnings

The presidential office said on Dec. 7 that it shares a consensus with the ruling bloc to move forward with the bill establishing a special tribunal for insurrection, while keeping the legislation within limits that reduce the risk of violating the Constitution. Although the judiciary has raised concerns and both the People Power Party and Reform Korea, which is aligned with the ruling bloc, have warned that the proposal carries serious constitutional dangers, the presidential office effectively lent support to the Democratic Party’s drive to create the tribunal.

Woo Sang-ho, senior presidential secretary for political affairs, said during a press briefing at the Yongsan presidential compound marking the Lee Jae-myung administration’s six-month performance that the ruling party and the presidential office are in principle aligned in pursuing a special tribunal for insurrection. Woo added that he understands the current process as the party working to overcome internal differences, coordinate positions and shape a unified proposal. The presidential office was reportedly telling the ruling party when the bill was introduced that it should gather expert opinions to eliminate potential constitutional disputes.

The Democratic Party has made clear that it intends to pass the Special Act on Insurrection within this month. The bill calls for establishing a special tribunal to oversee insurrection and foreign agitation cases tied to the Dec. 3 martial law declaration, as well as appointing a separate judge who would exclusively handle warrant reviews.

To secure a vote, the party is coordinating with the National Assembly speaker to hold plenary sessions from Dec. 9 to 14 and from Dec. 21 to 24. At a press briefing, Cho Seung-rae, the party’s secretary general, said the legislation will be reviewed in a way that eliminates concerns of unconstitutionality and will be revised as necessary. He also stressed that the introduction of the special tribunal for insurrection will proceed without disruption.

Kang Hoon-sik, the presidential chief of staff, said the administration intends to move forward with the appointment of a special inspector and urged the National Assembly to promptly submit its recommendation in accordance with procedure.

The controversy erupted after former presidential secretary for digital communications Kim Nam-kuk resigned when it became known that he had sent a text message suggesting he would recommend a candidate to Kim Hyun-ji while referring to her with the Korean term “noona,” meaning an older-sister-like figure. The People Power Party has since demanded that the administration proceed with the appointment of the special inspector.

Kang said that he, former secretary Kim and Kim Hyun-ji, who serves as the president’s first personal secretary, were all subject to an internal investigation and audit. He added that the review confirmed former secretary Kim did not convey the content referenced in the text message.

Meanwhile, National Security Adviser Wi Sung-rak said the government will work to restart dialogue with North Korea with the goal of opening a full-fledged process for peaceful coexistence on the Korean Peninsula. He noted that Seoul is not necessarily considering scaling back joint South Korea–U.S. military drills as a direct negotiating lever, signaling that resuming talks does not hinge on military concessions.


Hoon-Sang Park tigermask@donga.com