Yi Whan-woo is a Korea Times journalist primarily covering finance. He writes in-depth articles on macroeconomy and financial markets and previously covered sports, politics, diplomacy and inter-Korean affairs, among others. Feel free to contact him at yistory@koreatimes.co.kr.
'Loophole' in parliamentary law
By Yi Whan-woo
A “loophole” in a parliamentary law allows Korean politicians to serve as Cabinet members while maintaining their National Assembly seats, according to experts.
National Assembly Law, Act 29, Clause 1 stipulates that an incumbent legislator cannot hold a position in the government except for the premiership and other ministerial positions in the Cabinet.
Analysts say the law should be revised given the cases of other countries that also have adopted the presidential system, such as the United States. They forbid a lawmaker from assuming a seat at the parliament and the Cabinet at the same time.
“Under the presidential system, it’s rare for an incumbent legislator to co-serve as a Cabinet member,” said Cho Han-sang, a law professor at Cheongju University. “It’s redundant and unnecessary.”
He pointed out that the roles of prime ministers in Korea have largely been considered nominal with the power centralized with the president.
Another expert voiced a similar view.
“I bet no scholars who have studied a governmental power structure will positively view an incumbent lawmaker serving as a Cabinet member,” said Seo Kyoung-kyo, a political professor at Hankuk University of Foreign Studies (HUFS).
“The lawmakers are responsible for looking after their respective parliamentary constituency. And it would be too much for them to handle government affairs.”
Park Jai-chang, also a HUFS professor, said appointment of lawmakers as ministers will only strengthen the president’s power amid growing criticism that the current presidential system is “monarchical.”