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Is a referendum possible for ‘separation of investigative powers’?

◀ anchor ▶

If you have any questions, let’s talk more with the reporter.

Reporter Kim Jae-kyung from the political team is here.

Reporter Kim, the Democratic Party is saying that it will pass the plenary session as a ‘split assembly’, but this is actually a bit complicated. Please make it easy to understand what’s going on.

◀ reporter ▶

Yes, the bills currently in the plenary session of the National Assembly are amendments to the Prosecutor’s Office Act and the Criminal Procedure Act.

The People’s Power is conducting a filibuster over the amendment to the Prosecutor’s Office Act.

Democrats plan to neutralize the filibuster by splitting the National Assembly and holding it multiple times.

The National Assembly, which normally opens for a month, is divided into three days, one day on April 30th and one day on May 3rd, and opens and closes.

What is a filibuster? At the end of the session, it automatically ends, and the bill that was the target must be put to a vote as soon as the next National Assembly is opened.

So, as soon as a new special session of the National Assembly is held on April 30, the Democratic Party can pass the Prosecutor’s Office Act first.

In the same way, we plan to pass the remaining Criminal Procedure Act at the new extraordinary National Assembly three days later.

A quorum for seats to change the parliamentary schedule is a majority.

Currently, the Democratic Party has 171 seats, so there is no way for the people’s power to stop the splitting of the National Assembly under the law.

◀ anchor ▶

According to the Democratic Party’s calculations, the bill to separate the investigative powers will pass the National Assembly by May 3. Will this happen?

◀ reporter ▶

Yes, it’s not quite impossible.

The National Assembly plenary session is held in the morning of May 3 to process the rest of the bill, and in the afternoon it is presented to the State Council to promulgate the bill.

However, if the passage of the plenary session on May 3 is delayed due to the opposition of the people, it may be difficult to introduce it to the Cabinet meeting on the same day.

If this happens, there is a way to hold an additional cabinet meeting and announce it before May 9, when President Moon leaves office.

So, as long as President Moon makes a decision, it is possible to promulgate a bill to separate the investigative powers within the term of office.

The Democratic Party is expecting President Moon, who has expressed his support for the bill, to agree to postpone or convene the State Council meeting.

President Moon’s choice is noteworthy.

◀ anchor ▶

Yoon Seok-yeol’s side took out a referendum card and held it.

Is a referendum realistically possible?

◀ Reporter ▶

Yes, in conclusion.

The referendum law was declared unconstitutional on July 29, 2014 and has lost its effect.

This is because of the voting rights of overseas citizens. The existing referendum law allowed only overseas citizens with a residence in Korea to vote, but the Constitutional Court ruled that voting rights should not be granted based on residence.

In fact, the Moon Jae-in government tried to put the constitutional amendment bill to a two-term presidential term in a referendum, but there is a precedent that failed.

Let’s listen to the Blue House’s position at that time.

[임종석/청와대 비서실장 (2018년 4월 4일)]

“The referendum law is unconstitutional as the Constitutional Court ruled that it is unconstitutional in July 2014. ”

◀ anchor ▶

Even if it is possible, it is controversial whether the law to separate investigative powers is a requirement for a referendum.

◀ Reporter ▶

That’s right. According to Article 72 of the Constitution, the president can put important policies related to foreign affairs, defense, unification, and other important national security to a referendum.

However, many critics point out that it is difficult to easily accept whether a bill that separates the prosecution’s investigation and prosecution is an important policy for national security.

Even if a referendum is held, it could be transformed into a form of confidence vote for Yoon-elect.

It is highly likely that the government will begin the beginning of the regime due to a severe split in public opinion.

Criticism is growing for the sudden introduction of measures that are unlikely to be feasible.

◀ Anchor ▶

Reporter Kim, I heard you well.

Video coverage: Park Joo-young / Video editing: Yoon Chi-young

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