Controversy erupts over Moon's constitutional revision bill

Cho Kuk, senior presidential secretary for civil affairs, speaks on the Cheong Wa Dae bill for constitutional revision, Tuesday. / Yonhap

By Choi Ha-young

Cheong Wa Dae, Tuesday, unveiled part of President Moon Jae-in's constitutional revision bill that had an emphasis on fundamental human rights and democratic values.

The opposition parties, however, voiced concern en masse over some ideologically controversial elements, signaling a tough battle ahead over the constitutional amendment.

This was the first of a series of presentations the presidential office will have over three days on the revision bill, which Moon will submit to the Assembly, March 26.

Cho Kuk, senior presidential secretary for civil affairs, spoke about the preamble to the new Constitution as well as revisions to enhance basic rights and the people's sovereignty.

"The latest attempt for constitutional revision should focus on the freedom, safety and quality of life for citizens," Cho said.

In the preamble, Moon stipulated historic pro-democracy movements ― the April Revolution in 1960 which removed the dictatorship of President Syngman Rhee; the Busan-Masan Democratic Protests in 1979 against then President Park Chung-hee's Yushin regime; and the May 18 Gwangju Democratic Uprising in 1980 against general-turned-president, Chun Doo-hwan.

The existing Constitution only mentions the April Revolution. However, Cheong Wa Dae didn't add the 2016-17 candlelit protests that ousted former President Park Geun-hye, saying the movement was still making changes.

The revision bill replaced "citizen" with "people" for better rights for foreigners.

"Considering 2 million foreigners are staying here, as well as international standards for human rights, the bill expanded the subject of natural rights," Cho added. However, it set limits to subjects of social rights and some civil liberties that are relevant to the economy and national security.

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It also strengthened workers' rights of collective action ― partly including civil servants. The revision bill imposed on the government the "duty" of securing job security and a work-life balance for the people. "Also, the bill stated the policy of equal decision-making between labor and management, as well as workers' right to collective action," Cho said.

Referring to the Sewol ferry disaster which claimed 304 people in 2014, Cho highlighted the "right to life" in the planned revision. The bill also specified that the nation must protect people from disasters, compared to the existing version which only states government's efforts for it.

In a bid for power balance between the authorities, Cheong Wa Dae's bill removed the constitutional right of the prosecution to monopolize the right to request an arrest warrant. However, the prosecution is still able to issue a warrant since the exclusive right remains in a law.

In respect to the candlelit demonstrations, Cheong Wa Dae vowed to intensify the value of direct democracy ― authorizing the people to submit bills and recall lawmakers.

"Following the Sewol ferry disaster, 6 million citizens signed in support of a special act to investigate the incident, but their call was dismissed," Cho said. "I believe these factors of direct democracy will remedy the shortcoming of our direct democracy system."

The ruling Democratic Party of Korea (DPK) lauded Cheong Wa Dae's initiative. "The framework of the revision bill is in line with a mutual agreement in the National Assembly," party spokeswoman Back Hye-ryun said in a statement.

At the same time, the DPK urged the conservative Liberty Korea Party (LKP) to stop opposing a national referendum on the amendment in June in tandem with the local elections.

The LKP, which holds key in the parliamentary passage of the revision, along with the centrist Bareun Mirae Party (BMP), minor liberal Party for Democracy and Peace (PDP) and the progressive Justice Party have jointly criticized the revision led by President Moon Jae-in.

The largest conservative LKP labeled Moon's revision bill as "leftist."

"All the historical events in the preamble to the envisioned Constitution are leftist," an LKP spokesman Hong Ji-man said. "We also oppose the government's duty for public safety, since it will bring about unnecessary regulations. Social security should be also limited."

The LKP also took issue with the lessening of the prosecution's authority. Cheong Wa Dae officials said the envisioned revision aims to facilitate the National Assembly's negotiations over judicial reform, but another LKP spokesman Chang Je-won said the party will not participate in such talks.

The third-largest BMP refused to comment on the bill.

The labor-friendly Justice Party welcomed Moon's priority on better rights for workers. "We will try to come up with a unified proposal on the revision, putting more emphasis on gender equality that is lacking in Moon's bill," party spokesman Choi Suk said.