As the June 3 presidential election approaches in two weeks, the presidential candidates have presented a proposal for restructuring power that involves reducing the current 5-year presidential term in exchange for the possibility of successive terms or repeated terms.
Lee Jae-myung, the candidate from the Democratic Party of Korea, proposed a "4-year successive term system," while Kim Moon-soo, the candidate from the People Power Party, suggested a "4-year repeated term system." Confusion increased as both sides interpreted successive and repeated terms differently. If constitutional amendments are enacted, how many times or years can the next president serve? This has been organized in a Q&A format.
1. What is the constitutional amendment proposed by Lee Jae-myung?
The core idea is to change the current 5-year single-term presidential system to a "4-year successive term system." After completing a 4-year term, if re-elected in the next presidential election, the president could serve for a maximum of 8 years.
2. What is the constitutional amendment proposed by Kim Moon-soo?
He proposed changing the current 5-year single-term presidential system to a "4-year repeated term system." In a statement, Kim explained that "repeated terms allow one opportunity for re-election, but the total period cannot exceed 8 years."
3. How do successive and repeated terms differ?
The definitions of successive and repeated terms are not so controversial that there are academic papers on the subject. Generally, the commonly accepted dictionary definition is that a successive term (連任) refers to being re-elected consecutively (連), while a repeated term (重任) means that it can occur again (重).
If there are concepts like the prohibition of successive terms and repeated terms, the prohibition of successive terms means that one cannot serve consecutively but can take a break and then serve again, whereas a repeated term prohibits any more than one term.
In our country, the president serves a 5-year single term, and repeated terms are not allowed under the single term system, nor is successive terms permitted.
4. What is the controversial point?
For instance, local government heads can serve a maximum of 3 consecutive terms according to regulations. This means that after finishing 3 terms, they must take at least one break before being able to run for another 3 terms.
Therefore, limiting continuous successions, such as allowing 'only one time for successive terms,' means that continuous re-election would only be possible once, which can later be interpreted as never being able to serve again.
However, if the regulation allows for successive terms without specifying a number of occurrences, one could potentially rule for an extended period, like Putin. It would allow for serving a term and then appointing someone else before returning to serve again. The regulation on successive terms should not be made alone; it must reflect the number of terms to prevent any specific politician from ruling for an extended duration.
When Lee Jae-myung discussed the successive term system, Kim Moon-soo's camp criticized on the 18th, saying, "The successive term means that after serving twice, the president can take a break and then serve again for another two terms," and added, "(Lee's) use of 'successive' suggests the possibility of long-term rule."
5. What did Lee Jae-myung's camp rebut?
They pointed out that the People Power Party misinterpreted the concept of successive terms. They specifically cited constitutional provisions, stating, "We decided not to apply the successive term regulation to the next president," drawing a line against allegations of long-term rule surrounding them.
Article 128, paragraph 2 of the Constitution states that "The constitutional amendment for the extension of the presidential term or the change of repeated terms has no effect on the president at the time of proposing such an amendment."
6. If Lee Jae-myung were to amend the constitution after becoming president, does that mean he has no possibility of becoming president again?
The Democratic Party interpreted paragraph 2 of Article 128 to mean that "the amended provisions do not apply to the president at the time of amending the single-term regulation." Thus, suggesting that it is an attempt to smear Lee Jae-myung by implying he would be subject to the 4-year successive term.
Kim also stated on the 22nd, "If elected, I will shorten my term by 3 years," addressing concerns about long-term rule early on. He added, "In order to introduce the 4-year repeated term system, the presidential and National Assembly terms must be aligned, so if I become president, I will concede my term to 3 years."
7. Is there no controversy over Kim Moon-soo's constitutional amendment proposal?
The Democratic Party is paying attention to the point that a 4-year successive term could serve as a "mid-term evaluation" for the president's first term. The implication is that citizens should be given a chance to judge whether the elected president has done a good job.
The criticism of Kim's proposed 4-year repeated term system is also related to this. Lee Seok-yeon, a co-chairman of the Democratic Party's election campaign committee, who previously served as the head of the Legislation Policy Office, pointed out in a call with ChosunBiz, "If one serves for 4 years and then does not serve for a term and then serves again, the mid-term evaluation aspect becomes diluted."
8. What ideas have existed in the past?
The 4-year successive term for the president was promoted during the governments of Roh Moo-hyun and Moon Jae-in. Former President Roh presented in a national speech in January 2007, "Amending the 5-year single term to 4 years, and allowing for one successive term" and suggested to align it with the current 4-year term for National Assembly members. Former President Moon also proposed the same idea. However, it could not be implemented for various reasons.
9. So when do they plan to promote the constitutional amendment?
In fact, it remains uncertain. Both sides have thrown out the major issue of constitutional amendment, but the specifics have not been finalized at all. According to the constitution, the president can propose amendments to the constitution unilaterally. The Democratic Party has also not mentioned when they would propose the amendment or what the specific picture would look like. Moreover, during the last election, Lee advocated for a repeated term system but has now shifted to a successive term system in this election.
This joint chairperson stated, "(Even if Lee becomes president), I believe the constitutional amendment will likely be proposed during the latter part of the term. That is desirable. Domestic and international issues are piling up, and it would be hard to resolve the situation, so why would we propose the constitutional amendment in the early part of the term?"
10. What should be done to avoid controversy in the future?
In the legal community, there are arguments that it should not be regulated only through successive terms but that it should include provisions to limit the number of terms to prevent specific politicians from ruling for an extended duration.
Article 22 of the U.S. Constitution states that "No person shall be elected to the office of the president more than twice," which allows for only two terms and prohibits serving more than that. However, it does not stipulate whether those two terms can be successive or repeated.
For example, in the case of President Trump, he could serve once, lose the election, and then run again in the next election, which still counts as 'twice.' After completing this term, he would not be able to run again.
The legal community believes that discussions regarding presidential term provisions should focus on limiting the number of terms rather than emphasizing whether it is for successive or repeated terms.
Various expressions are being mentioned as alternatives, such as: ▲Allowing for one-time successive terms ▲Allowing for one-time repeated terms ▲Allowing for two terms as president ▲Limiting successive terms to one-time after serving, etc.
Allowing for only one successive term means that if the president does not win re-election at the end of the term, they will not have any further opportunities to run for president. If it is specified that "the president may serve up to 2 terms," then they could serve two consecutive terms or take a break.
Thus, while there is a difference in nuance, it seems that the issue of long-term rule is somewhat resolved.
Professor Seung-ido of Korea University Law School stated, "The People Power Party's criticism of the loophole in not limiting the number of successive terms is quite persuasive."
He added, "If it is stipulated that the presidential position cannot exceed two terms, it becomes the clearest rule. If the limitation is specified, whether serving consecutively or taking a break, they can only serve two terms in total, thus preventing any further extended rule."
Professor Cha Jin-ah of Korea University Law School commented, "Whether it is a 4-year successive term or a repeated term, the intent appears to focus on extending the term itself. The purpose of dispersing and controlling presidential power seems overshadowed," and suggested, "It would be best to reflect 'one-time repeated terms' as that would limit the total term to 8 years."