On the 25th, controversy over constitution arose in the legal community about the fact that President Yoo Young-min, the chief secretary of the presidential office, revealed that “President Moon Jae-in has made oral approval and made an announcement for the general and vice-minister-level personnel and then made a post-authorization”
Constitution “Acts under the Presidential Law are in writing”
This is because Article 82 of the Constitution stipulates that the President’s actions under the national law must be written. Important legal acts such as diplomacy and military are required to be signed by the Prime Minister and related State Council members. As a result, it is pointed out that President Moon had to approve and approve the draft at the same time, rather than verbally approving and post-approval.
Jeon Sam-hyun, a professor of law at Soongsil University, told the JoongAng Ilbo on the 25th, “It is clear that President Moon violated the Constitution.” He said, “The Constitution is generally an abstract norm and can give rise to various interpretations, but this is limited to provisions related to guaranteeing basic rights,” he said. “Appointment of the Prime Minister, Supreme Court Justice, State Council Member, Prosecutor General, and Chief of Staff of each army, including Article 82 of the Constitution. He emphasized that the provisions related to the personnel procedures of the company should be viewed as specific norms and adhered to.”
“Oral approval is valid only in civil law contracts”
When asked whether oral approval has the same effect as formal approval, so it is okay to make a post-approval, Professor Jeon said, “It is possible to do so in situations related to civil law or commercial law, but in relation to the Constitution, only document approval as specified in Article 82 It is possible.”
Attorney Tae-Hoon Kim (Chairman of the Bar Association for Human Rights and Unification on the Korean Peninsula) also criticized that “the part that President Moon approved verbally and not in writing clearly violated the Constitution.”
Politicians who were former lawyers have a similar voice. Kwak Sang-do, a member of the People’s Strength, who served as the Cheong Wa Dae’s senior citizen, said, “There is room for understanding in an urgent situation,” he said. “However, it is impossible to understand that the personnel plan that requires careful attention has been approved after all personnel plans.”
He also added, “When the public hears the announcement, it will be understood that the president’s approval, but that the payment was made after that is a derogatory treatment to the public.” An official from the People’s Strength said, “We believe that previous governments such as Park Geun-hye and Lee Myung-bak did not have post-approval practices.”
![President Moon Jae-in is making a headline speech at a meeting of chief and advisors held at the Blue House Women's Hall on the afternoon of the 22nd. [청와대사진기자단]](https://i0.wp.com/pds.joins.com/news/component/htmlphoto_mmdata/202102/25/e53d8a9f-c918-42b4-b18b-c0a9c82b7df0.jpg?w=560&ssl=1)
President Moon Jae-in is making a headline speech at a meeting of chief and advisors held at the Blue House Women’s Hall on the afternoon of the 22nd. [청와대사진기자단]
“Payment for post-approval also… There is room for interpretation in the constitution”
On the other hand, there are opinions that President Moon’s post-authorization is not a legal issue. Professor Kim Sang-gyeom of Dongguk University said, “It is questionable whether it is a constitutional problem.” “Because the’action under the national law’, which was made as a document in Article 82 of the Constitution, is an abstract expression, it can lead to various interpretations. It is difficult to do.”
Young-soo Jang, a professor at the Graduate School of Law at Korea University, said, “You may judge that the approval was made as an act after oral approval and presentation of the greeting plan, and that it was done as a document in accordance with Article 82 of the Constitution.” He said that at what point of time, the president can flexibly choose the decision depending on the situation.
However, on the 7th of this month, in the prosecutor-level personnel process of the prosecutor’s office, the suspicion of’passing the president’ arose over President Moon’s post-payment, Professor Jang said, “If it is true, it is a serious problem.”
“Wen, don’t pay after the controversy”
Former Seoul East District Prosecutor’s Office Seok Dong-hyun advised, “It is not an issue that will be controversial, but President Moon should avoid a post-approval so that unnecessary controversy does not arise.” On the other hand, speculation is raised that the fact that Shin Hyun-soo, chief executive officer of the Blue House after the prosecutor’s appointment, caused the death toll is related to the unconstitutional controversy or suspicion of passing the president.
Reporter Minjoong Kim [email protected]
