Constitutional amendment faces People Power Party's resistance; martial law control uncertain

A significant push for constitutional reform is underway in South Korea, with six political parties and several independents collaborating to amend the nation's foundational law, which has remained unchanged for 39 years. The proposed changes, set to be voted on in the National Assembly, aim to modernize the constitution to reflect contemporary societal values and strengthen democratic principles. This initiative is seen by many in civil society and academia as a crucial opportunity to advance democratic governance, and a missed chance if the opposition persists.

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The current constitutional amendment, which is to be voted on in the plenary session on the 7th, was proposed by 187 people, including the 6 parties in the National Assembly and 6 independents, on the 3rd. The amendment includes the 'inheritance of the democratic spirit of the Buma Democratic Uprising and the May 18th Democratization Movement' in the preamble.

The core of the proposed amendment includes formally recognizing the historical significance of the Buma Democratic Uprising and the May 18th Democratization Movement in the constitution's preamble, adding to the existing recognition of the March 1st Independence Movement and the April 19th Revolution. A particularly contentious point is the proposed alteration to the president's power to declare martial law. The amendment seeks to shift from a post-declaration notification to the National Assembly to a requirement for prior parliamentary approval, with immediate cessation of martial law if approval is denied or not granted within 48 hours.

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Currently, the President is required to notify the National Assembly without delay when declaring martial law, but the amendment includes that 'parliamentary approval must be obtained' when declaring martial law.

However, the path to constitutional amendment is fraught with political hurdles, primarily due to the opposition of the People Power Party. Despite the proposed amendment excluding contentious issues like presidential term limits, the party maintains its stance against it, labeling it a "hasty amendment for local elections." The success of the amendment hinges on securing the votes of at least 12 members from the People Power Party, a prospect that appears dim given the party's unified opposition. Civil society groups are urging lawmakers to exercise independent judgment, emphasizing that the proposed changes are essential first steps toward further reforms, including potential power structure revisions in the future.

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The People Power Party has maintained its party line against the constitutional amendment, arguing that it is a hasty amendment for the local elections.