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Ruling party submits amendment right before bill is proposed... Retroactive clause with 'potential for unconstitutionality' removed
On the 28th, following the introduction of an amendment to the 'Act on Testimony and Appraisal Before the National Assembly' at the plenary session of the National Assembly, People Power Party Representative Kim Eun-hye began a filibuster against the bill. Yonhap News.
On the 28th, rival parties clashed over the amendment to the 'Act on Testimony and Appraisal Before the National Assembly,' which would allow the National Assembly to file criminal complaints for perjury by witnesses or appraisers even after a special committee's term has expired.
While the Democratic Party of Korea (DPK) urged the bill's passage, arguing that the National Assembly must be able to file complaints if perjury is uncovered later, even if a committee has been dissolved upon the conclusion of its term, the People Power Party (PPP) raised objections, labeling it an "unconstitutional evil law" intended to grant the majority DPK a monopoly on the power to file criminal complaints.
The amendment to the Act on Testimony and Appraisal was introduced to the plenary session at approximately 8:11 p.m. that day. This occurred immediately after the DPK-led forced termination and vote on the preceding legislative agenda, a filibuster (legal obstruction of proceedings) against a proposed amendment to the National Assembly Act.
Before introducing the amendment to the Testimony and Appraisal Act, the DPK proposed a modification to remove retroactive provisions that had been flagged for potential unconstitutionality and suggested that the PPP refrain from a filibuster, but the PPP rejected the offer.
The DPK’s modified proposal included provisions stating that "if the committee chair refuses or avoids filing a complaint, it may be done with the written consent of a majority of the incumbent committee members," and "if it is unclear which committee should file a complaint due to the expiration of a committee's term, the Legislation and Judiciary Committee may file the complaint under the name of its chair, and the chair may request extensions for investigations or other necessary measures."
In response, PPP Senior Deputy Floor Leader Yoo Sang-bum met with reporters and criticized the move, stating, "This means the DPK, as the majority party, intends to monopolize all power to file criminal complaints in the National Assembly. The amendment is an act of tyranny by the majority party that lacks any reasonable balance in National Assembly operations."
Regarding the shift in the authority to file complaints for perjury from the National Assembly Speaker to the Legislation and Judiciary Committee chair after a committee’s expiration, he remarked, "It suggests that Legislation and Judiciary Committee Chair Choo Mi-ae is deemed more powerful than Speaker Woo Won-shik in exercising the authority to file complaints."
On the 28th, following the introduction of an amendment to the 'Act on Testimony and Appraisal Before the National Assembly' at the plenary session, People Power Party Representative Kim Eun-hye began a filibuster against the bill. Yonhap News.
Conversely, DPK Floor Spokesperson Kim Hyun-jung criticized the PPP after a general meeting of lawmakers, stating, "It is excessive to proceed with a filibuster instead of accepting a version we modified ourselves for the sake of legal stability."
Addressing the concerns raised both inside and outside the party regarding potential unconstitutionality of the retroactive provisions, Spokesperson Kim explained, "Although we do not believe it is unconstitutional, we have submitted the modified proposal for the sake of legal stability, as we wish to avoid unnecessary legal disputes and time-wasting over potential constitutional issues."
As the first speaker in the filibuster against the amendment, PPP Policy Senior Deputy Floor Leader Kim Eun-hye fiercely criticized the bill, calling it an "unconstitutional evil law" and an "outrage that destroys the spirit of the separation of powers by essentially allowing the legislative branch to intervene in investigative agencies and subordinating the judiciary to the legislature."
She argued, "Through this amendment, the DPK has granted Chair Choo full authority. By what right does Chair Choo decide on criminal complaints? It is entirely possible that this will lead to tyranny where the Legislation and Judiciary Committee, tailored to her preferences, arbitrarily manipulates investigative agencies."
The DPK plans to forcibly end the filibuster and process the bill on the evening of the 29th, 24 hours after the filibuster on the amendment began.
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