Nam Hyun-woo has worked as a staff writer at The Korea Times since 2013, mostly covering business and politics. He currently belongs to the Business Desk where he covers topics such as emerging tech, AI, ICT and Korea's chaebol community. Prior to joining the team, he was the paper's correspondent for the presidential office of Korea during the Yoon Suk Yeol and Moon Jae-in administrations.
Yoon says letting lawmakers revise presidential decrees violates constitution
President Yoon Suk-yeol gestures as he answers reporters' questions at the presidential office in Yongsan District, Seoul, Monday. Yonhap
By Nam Hyun-woo
By Nam Hyun-woo
President Yoon Suk-yeol said Monday that allowing lawmakers to revise presidential decrees leaves room for constitutional violations, signaling a head-on collision against the opposition party which is preparing such a legal revision.
“Giving the National Assembly the right to demand revisions on presidential decrees runs the risk of violating the Constitution,” Yoon told reporters on his way to work at the presidential office in Yongsan District, Seoul.
“If a presidential decree goes against the purpose of related laws, the Assembly can annul the decree by specifying or revising the related laws,” Yoon said. “The presidential decree is ordered by the President, and I believe we can always settle problems in presidential decrees through processes stated by the Constitution.”
Rep. Cho Eung-cheon of the main opposition Democratic Party of Korea speaks during a committee meeting at the National Assembly in Seoul, May 17. Joint Press Corps
His comments came after Rep. Cho Eung-cheon of the main opposition Democratic Party of Korea (DPK) floated the idea of revising the National Assembly Act to empower lawmakers to demand revisions to presidential decrees and other enforcement ordinances.
The current law allows lawmakers to “review” the legality of a presidential decree by holding committees or subcommittees. If Cho's proposal passes the Assembly, lawmakers will be able to demand the head of a government arm related with the decree revise it, and the head should report back to the Assembly. Cho plans to table the revision as early as Monday.
The revision is interpreted as the DPK's strategy to block Yoon's efforts to implement policies without facing protests from the main opposition party.
Since the DPK controls a majority of seats in the Assembly, the Yoon administration has been seeking to bypass the Assembly by carrying out policies through presidential decrees that do not require parliamentary voting. For example, Yoon issued a presidential decree ordering the Ministry of Justice to set up the Personnel Information Management Bureau to screen high-ranking government official candidates.
The move is anticipated to be a new subject of bipartisan conflict.
Ruling People Power Party (PPP) floor leader Kweon Seong-dong slammed the revision as being “unconstitutional” and “an attempt to topple the spirit of separating of legal, administrative, and judicial powers.”
“This is the majority party's attack aimed at impeding the new administration in every step,” Kweon said during a party meeting, Monday.
Rep. Cho defended his proposal, saying the revision is aimed at protecting the parent law.
“If presidential decrees and other types of enforcement ordinances are enacted outside the boundary the parent law, it will limit the legislative rights and damage the foundation of constitutionalism,” Cho said during a radio interview, Monday.