[On-site Video+] "President inevitably vetoes unconstitutional legislation"

2024.11.26 AM 10:34
[Anchor]
The government held a cabinet meeting presided over by Prime Minister Han Deok-soo a little while ago and decided on a presidential request for Kim Gun-hee's independent counsel law, the so-called veto.

If President Yoon Suk Yeol approves this, it will be the third veto of the independent counsel law led by the opposition party.

Let's listen to Prime Minister Han Deok-soo's remarks at the Cabinet meeting.

[Han Deok-soo / Prime Minister]
Let's start the 50th Cabinet meeting now. On November 14, the opposition party unilaterally passed a bill on the appointment of a special prosecutor to investigate the stock price manipulation case of Yoon Suk Yeol's spouse, Kim Gun-hee, without any consultation with the ruling party.

The independent counsel bill was clearly unconstitutional, including a violation of the principle of separation of powers under the constitution, a violation of the principle of supplementality and exceptionalism of the special prosecutor system, and concerns of damaging the foundation of the judicial system, so the government has already requested reconsideration twice in the 21st and 22nd National Assembly, and was rejected and discarded in both re-decisions of the National Assembly.

Nevertheless, I am very sorry and sorry that the opposition has again unilaterally dealt with the independent counsel bill, whose unconstitutionality has not been resolved at all.

The special prosecution bill was revised by the Chief Justice of the Supreme Court to exercise the right to recommend candidates for special prosecution, but if the candidate recommended by the Chief Justice of the Supreme Court is inappropriate, the opposition party can exercise its "right to veto" indefinitely. In other words, it only has the formal appearance of third-party recommendations, and in practice, it is decided that the opposition party can control the recommendation of special prosecutor candidates.

In addition, although it has partially reduced the subject of investigation compared to the previously abolished special prosecution bill, there is no change in the nature of undermining the principle of supplementality and exceptionalism of the special prosecution system by introducing special prosecutors for cases under investigation by the prosecution and the Senior Civil Servant Corruption Investigations Unit.

As such, we cannot help but ask why the opposition party wants to pass the special prosecution bill, which was abolished twice in the National Assembly, again. If the government knows that it has no choice but to exercise its right to demand reconsideration on the special prosecution bill that conflicts with the Constitution, but rather intends to encourage it to put pressure on state affairs, it is not up to the people that the government and the National Assembly will join forces to live a difficult "people's livelihood."

The right to demand reconsideration is almost the only 'means' for the president to check the abuse of the legislature's authority in our constitution, which has a presidential system. The president, who is obligated to protect the constitution, is forced to exercise the right to request reconsideration of legislation with unconstitutional elements.

At today's Cabinet meeting, I will deliberate with the members of the State Council on the bill calling for a re-discussion of the National Assembly on the special prosecution bill from the perspective of the interests of the people and the protection of the Constitution, and I will suggest the results to the President.

The Yoon Suk Yeol government has been making all-out efforts to create results by making regulatory innovation a top national task under the firm recognition that "regulatory innovation is national development."



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