Constitutional Reform in South Korea: Failure or Postponement?

While North Korea seems to have undergone constitutional changes, in South Korea attempts at substantial reform of the basic law have run into obstacles. Initially the main topic of the debate – the presidential term – was pushed into the background, and then parliamentary initiatives failed.

Since the presidency of Roh Moo-hyun, no former head of state has left office without scandal or legal problems.

After the impeachment of President Yoon Suk-yeol, the country saw intensified debate about curbing ‘imperial presidency’ and the need to modernise the system of presidential terms. The current president, Lee Jae Myung, and his conservative opponent have both spoken in favour of replacing the five-year term with two four-year terms. Lee Jae Myung’s proposals generally boiled down to the following:

Introducing a four-year presidential term with the right to one re-election. This is intended to strengthen the head of state’s accountability and create a mechanism for a ‘mid-term assessment’ by citizens.

A second round of presidential elections. Such a mechanism is designed to increase democratic legitimacy and reduce the level of public division.

Appointment of the prime minister only on the proposal of parliament, with the president obliged to respect his powers.

Mandatory parliamentary approval of candidates for key posts: heads of the Corruption Investigation Office for High-ranking Officials, the prosecution service, the police, as well as the heads of telecommunications and human rights bodies.

Limiting the presidential veto: prohibiting its use in cases concerning corruption by the president himself or his family.

Tightening the procedure for declaring a state of emergency: mandatory prior notification to parliament. If the National Assembly rejects the declaration or fails to approve it within 48 hours, martial law shall be immediately lifted.

Expanding citizens’ fundamental rights, including guarantees of safety, health, and access to information.

Including in the Constitution references to key democratic movements in the country: the Gwangju Uprising of 18 May 1980 (a crucial event in the democratisation movement), the Busan-Masan protest of 1979 (which indirectly led to the assassination of Park Chung-hee), the protests of 6 June 1987 (which marked the end of the Fifth Republic), and the ‘Candlelight........

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