Recall of Lawmakers During Term Through Public Referendum
“Conflicts with the Constitution” Discussed Four Years Ago
Concerns of Violation of Representational Democracy and Indirect Vote of Confidence
Lee Jae-myung, leader of the Democratic Party of Korea, recently proposed the ‘Recalling of Lawmakers by Public’ system during a speech at the National Assembly. This system had been previously criticized four years ago in a parliamentary committee for conflicting with constitutional principles.
The recall system allows for members of the National Assembly to be removed from office through a public vote before their terms end due to misconduct. Currently, four bills related to the recall system have been introduced in the 22nd National Assembly. In the previous 21st National Assembly, seven bills were proposed.
In a review report by the National Assembly’s Administrative Safety Committee in September 2020 regarding the recall system bills, it was stated that the constitutionality of introducing such a system could be problematic. The report noted that the recall system might directly conflict with the constitutional principle of representative democracy, especially the principle of free mandates, and could be used as an indirect vote of confidence.
The Constitutional Court had also stated in its 2004 impeachment decision of President Roh Moo-hyun that a vote of confidence in a representative cannot be conducted through a public referendum and that the election is the proper form of expressing confidence.
The Democratic Party argues that the recall system can be implemented through legislation without amending the constitution, but legal scholars and the ruling party express concerns of contradiction since constitutional amendment would be needed. Jang Young-soo, a law professor at Korea University, pointed out that representative democracy is fundamental according to the current constitution, and direct democracy measures like public referendums are only recognized in exceptional cases, necessitating constitutional revisions to adopt the recall system.
The report also warns that the recall system could undermine the constitutional immunity of lawmakers and be abused for other purposes, such as eliminating political opponents. Seoul Mayor Oh Se-hoon criticized the initiative, suggesting it could be used by fervent supporters to oust political adversaries.
There are also concerns within the ruling party that the Democratic Party’s tactic of ‘relay impeachments’ against government ministers could extend to lawmakers of the opposing party.
The report mentions that unlike the UK, countries considered mature democracies have not adopted the recall system, although differences in political systems between countries make direct comparisons difficult.
The first bill introducing the recall system was proposed in the 17th National Assembly in 2006 by Kim Jae-yoon of the Uri Party. Until the 21st Assembly, 15 such bills have been proposed but all were discarded due to the end of term. Except for a proposal by Hwang Young-cheol of Saenuri Party (now People Power Party) in 2017, these bills have predominantly come from the current opposition.