Regarding the plan to put the bill to be put to a referendum, lawyer Shin Pyung, who served as president of the Korean Constitutional Association, said, “People’s opinion on the general reorganization of the national investigative power that the National Assembly is trying to achieve with the Inspection and Waiver Act, a referendum. I think you can ask.” Attorney Shin was active in the presidential campaign of President Moon Jae-in during the 19th presidential election, but turned to ‘Chin-yun’ in the 20th presidential election.
Lawyer Shin posted on Facebook on the 29th, “Basically, as long as it is the premise of all democratic constitutions since modern times to view the state as a contracting community in which the people voluntarily participate, it is important to confirm the will of the people, the sovereign, through a referendum if other conditions are met. Anything is possible,” he said.
Lawyer Shin continued, “The referendum on Brexit in the UK or on the recognition of same-sex marriage in Australia and Europe was not conducted as prescribed by the law in advance. “As long as it is the state’s responsibility to constantly inquire about the will of the people and prioritize them, such a referendum is natural in a democratic country,” he added.
Earlier, President-elect Yoon Seok-yeol’s side proposed a referendum in opposition to the Democratic Party’s push to legislate. The People’s Power insisted on amending the referendum law, which has now lost its effect.
Lawyer Shin said, “Looking at the current situation, it is highly likely that the National Assembly will completely unilaterally pass the Inspection and Disqualification Act despite the opposition of the majority of the people.” I think it might be scary,” he analyzed.
Lawyer Shin said, “It is difficult to judge the issue of ‘recalling’ the law through a referendum. If the ’emergency’ of enforcing legislation by ignoring the will of the government continues, the national sovereignty of Article 1, Paragraph 2 of the Constitution, ‘The sovereignty of Korea rests with the people, and all power comes from the people’ can be prioritized over representative democracy. I think it may be inevitable,” he said.
“In extreme cases, the checks and balances of power cannot be achieved by any other means, and in extremely exceptional cases where the people’s basic rights are seriously violated, our Constitution says that even the law can be recalled as the subject of a referendum. Attorney Shin added, “As much as possible, the new government should be patient and hoard this weapon, but never use it.”
Lawyer Shin argued that if the vote in favor of the scrutiny and complete referendum prevails, the new government should surrender.
Lawyer Shin also said on Facebook on the 27th that the censorship and overhaul bill could be on the referendum’s agenda.
He said, “There is an aspect of infringing on basic rights that makes the status of the socially and economically weak more difficult,” he said. It can be seen that it corresponds to ,” he predicted.
Article 72 of the Constitution stipulates that the subjects that the president can submit to a referendum are ‘important policies related to foreign affairs, national defense, unification and other national security’. Lawyer Shin believed that the inspection and inspection was included in the content.
Lawyer Shin said, “The president’s discretion can be recognized to a considerable extent in judging the requirements of the right to vote on a referendum for important policies, just like other administrative actions. It’s not an act,” he said.
He added, “The so-called scrutiny is an important national policy, and it is possible to ask the will of the people through a referendum.” He added, “There are no procedural problems in the referendum.”
