{"id":2201604,"date":"2023-07-06T17:30:43","date_gmt":"2023-07-06T08:30:43","guid":{"rendered":"https:\/\/koreapro.org\/?p=2201604"},"modified":"2023-07-07T17:47:41","modified_gmt":"2023-07-07T08:47:41","slug":"why-south-korean-lawmakers-are-renouncing-their-right-to-immunity-from-arrest","status":"publish","type":"post","link":"https:\/\/koreapro.org\/2023\/07\/why-south-korean-lawmakers-are-renouncing-their-right-to-immunity-from-arrest\/","title":{"rendered":"Why South Korean lawmakers are renouncing their right to immunity from arrest"},"content":{"rendered":"
Main opposition Democratic Party (DP) leader Lee Jae-myung made an <\/span>unexpected announcement<\/span><\/a> last month that he would forgo his parliamentary immunity from arrest, insisting he has nothing to hide despite being under prosecution investigation.<\/span><\/p>\n Lee voiced his declaration during a National Assembly address on June 19, criticizing the Yoon administration for allegedly prioritizing \u201craids, arrests and political strife\u201d rather than addressing economic and diplomatic issues.<\/span><\/p>\n Lee claimed that he has been the target of over 300 raids by the prosecution. This investigation has implicated individuals associated with him during his tenure as the mayor of Seongnam and governor of Gyeonggi Province.<\/span><\/p>\n Critics have often described the non-arrest privilege granted to Lee and other lawmakers under the ROK Constitution as a \u201cbulletproof vest,\u201d and the possibility that Lee would exercise the privilege has negatively affected his public image.<\/span><\/p>\n Despite President Yoon Suk-yeol\u2019s consistent unpopularity, the <\/span>approval ratings<\/span><\/a> for the DP and the ruling People Power Party (PPP) are nearly identical at 34% and 33%, respectively. This parity is significant, given that the DP has consistently portrayed itself as more ethically and morally responsible than the PPP.<\/span><\/p>\n Lee\u2019s supporters have broadly praised his decision as an indicator of his transparency and honesty. But some critics <\/span>contend<\/span><\/a> that his action is too little, too late.<\/span><\/p>\n Regardless, his announcement has intensified demands for lawmakers to renounce their non-arrest privileges, though it remains unclear whether they will accede to these calls.<\/span><\/p>\n HOW THE TURNS TABLE<\/b><\/p>\n Article 44, Section 1 of the <\/span>ROK Constitution<\/span><\/a> states that \u201cDuring the sessions of the National Assembly, no member of the National Assembly shall be arrested or detained without the consent of the National Assembly\u201d unless caught in the act of committing an offense.<\/span><\/p>\n This provision aims to protect the parliament \u2014 a co-equal branch of the South Korean government \u2014 from arbitrary or politically motivated arrests by the executive branch.<\/span><\/p>\n Historically, even past governments under the control of South Korea\u2019s military dictators upheld this right. The <\/span>1980 Constitution<\/span><\/a> under Chun Doo-hwan (Article 80) and the <\/span>1972 Yushin Constitution<\/span><\/a> under Park Chung-hee (Article 79) extended the same protections now found in Article 44.<\/span><\/p>\n However, the DP has recently faced criticism for what some perceive as an abuse of Article 44 to shield its lawmakers from the consequences of their actions. Lee Jae-myung narrowly <\/span>avoided jail time<\/span><\/a> earlier this year following a close parliamentary vote. Prosecutors accused Lee of involvement in corruption during his tenure as the mayor of Seongnam, a suburb south of Seoul.<\/span><\/p>\n Two former DP lawmakers, Yoon Gwan-seok and Lee Seong-man, accused of distributing cash envelopes to sway party leadership elections, <\/span>also evaded arrest<\/span><\/a>. In December, the National Assembly <\/span>rejected a motion<\/span><\/a> to permit the detention of four-term DP lawmaker Noh Woong-rae, who stands accused of bribery.<\/span><\/p>\n As a result, public sentiment appears to be shifting regarding parliamentarians\u2019 right to immunity from arrest. A February <\/span>Gallup Korea poll<\/span><\/a> revealed that 57% of South Koreans believe the non-arrest privilege should be abolished, with only 27% advocating for its retention.<\/span><\/p>\n In response, 51 PPP lawmakers <\/span>pledged<\/span><\/a> to forfeit their non-arrest privileges voluntarily on March 23.<\/span><\/p>\n