Court partly suspends Lee Jin-sook's audit exclusion; Democrats say limits remain
In short
South Korea's Constitutional Court on 21 October partly granted People Power Party lawmaker Lee Jin-sook's request to suspend a committee decision excluding her from an audit. Democratic Party members of the science and broadcasting committee said they respect the ruling but that exclusion remains for specified matters, including her time as head of the broadcasting regulator.
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The Constitutional Court on 21 October partly granted a request by People Power Party lawmaker Lee Jin-sook (이진숙) to suspend the effect of a decision by the National Assembly's science, ICT, broadcasting and communications committee excluding her from auditing matters tied to herself. Chosun Ilbo reported that, as a result, Lee can take part in the committee's comprehensive audit of broadcasting, held over two days from 22 October. [ 1 , 3 ]
According to the wording quoted by Newsis, the court said that when a plenary session or committee halts a lawmaker's audit, it may exclude her only from matters in which she has a direct interest or a marked reason why fairness cannot be kept, and that the existence of grounds for exclusion does not allow audits to be restricted across the board. ZDNet Korea described the ruling the same way. [ 1 , 2 ]
Chosun Ilbo reported that Lee may take part in the audit except for matters where the exclusion remains in effect, including those from her time as chair of the Broadcasting and Communications Commission and as president of Daejeon MBC. ZDNet Korea listed the matters the Democratic members again named for exclusion: specified work and decisions from her time as commission chair, the two-member commission's KBS board recommendation, Foundation for Broadcast Culture board appointments and EBS president consent, the complaint over alleged perjury at a past audit, and the complaint over alleged breach of trust involving corporate card use at Daejeon MBC. [ 1 , 3 ]
Democratic Party committee members said in a statement on 21 October that they respect the ruling, will guarantee Lee's right to take part in the audit and will keep the restrictions on matters where exclusion was maintained. They said Lee and the People Power Party should respect the whole ruling and not read the partial suspension as a full lifting of the exclusion, and urged her to refrain from taking part in the excluded matters. [ 1 ]
On the morning of 22 October the Democratic members and other ruling-bloc lawmakers held an urgent press conference at the National Assembly in Yeouido, Seoul. Chosun Ilbo reported that they said the ruling clarified the scope of exclusion and showed the court weighed the fairness problem of a lawmaker auditing work she carried out herself. Democratic lawmaker Han Jun-ho said calling Lee's participation a 'return' was incorrect because the ruling keeps exclusion for conflict-of-interest matters. [ 2 , 3 ]
Lee held her own press conference. Chosun Ilbo quoted her as saying the court had put a brake on the Democratic Party's 'majority violence' and judged that 'having many votes is not justice', and that the committee's Democratic members tried to block her activity through action with no legal force. Chosun Ilbo also reported that in September the Democratic Party pushed a motion urging her expulsion over a forum on re-examining 5.18, which passed the plenary session but did not lead to actual discipline. ZDNet Korea said the final lawfulness of the exclusion decision is to be judged in the main competence dispute proceedings. [ 1 , 3 ]
Why it matters
The ruling shapes which audit matters Lee may take part in at the committee's comprehensive audit starting 22 October. The two sides read its scope differently, and the documents say the final legality of the exclusion decision is still to be judged.
Key facts
- The Constitutional Court on 21 October partly granted Lee Jin-sook's request to suspend the effect of the committee's decision excluding her from the audit. [ 1 , 2 , 3 ]
- The court said a committee may exclude a lawmaker only from matters in which she has a direct interest or a marked reason why fairness cannot be kept, and may not restrict her audit participation across the board. [ 1 , 2 ]
- Lee can take part in the comprehensive audit of the committee, held over two days from 22 October, except for matters where the exclusion stays in effect. [ 3 ]
- Matters still excluded include work and decisions from her time as chair of the Broadcasting and Communications Commission and her time as president of Daejeon MBC. [ 3 ]
- Democratic Party committee members held an urgent press conference on 22 October at the National Assembly in Yeouido, Seoul. [ 2 , 3 ]
- Lee held her own press conference and said the court had put a brake on the Democratic Party's majority. [ 3 ]
Confirmed by several sources
- The Constitutional Court partly granted Lee Jin-sook's request, letting her join the audit while keeping exclusion for individual matters. [ 1 , 2 , 3 ]
- Democratic Party committee members held a press conference stressing that the court kept exclusion in place for matters involving conflict of interest. [ 2 , 3 ]
Still unclear
- Whether Lee will refrain from taking part in the matters where exclusion remains in effect. Democratic committee members urged her to refrain; the documents do not report her answer on this point.
- Whether the committee's exclusion decision is ultimately lawful. The ZDNet Korea article says this is to be judged later in the main competence dispute proceedings.
- How the ruling should be read. Democratic members say it maintains exclusion over conflict-of-interest matters, while Lee says it checked the Democratic Party's majority; the documents do not settle this.
What local media are saying
Timeline, local time
- ZDNet Korea published its report on the Democratic committee members' statement of 21 October. [ 1 ]
- Newsis published a photo report on the urgent press conference held that morning by Democratic committee members and ruling-bloc lawmakers. [ 2 ]
- Chosun Ilbo published its report on the ruling, the press conferences and Lee's reaction. [ 3 ]