On the 12th, Democratic Party of Korea lawmaker Yang Mun-seok was sentenced by the Supreme Court to the penalty that nullifies his election for loan fraud, but he said he would consider filing a retrial petition with the Constitutional Court, sparking debate over whether he will ultimately lose his seat. A retrial petition is a system that allows the Constitutional Court to again judge the right and wrong of a Supreme Court ruling. At the end of Feb., the Democratic Party of Korea pushed it through the National Assembly, and it took effect starting that day. If a motion for injunction is filed along with a retrial petition, the lawmaker can keep the seat until a conclusion is reached. Yang's term (May 2028) has 2 years and 2 months remaining.

In political and legal circles, reactions included, "If a lawmaker convicted for personal corruption extends the term through a retrial petition, it would undermine judicial justice," and "If the first case of abusing the retrial petition unilaterally introduced by the Democratic Party of Korea turns out to involve a Democratic Party lawmaker, the legislation itself is flawed."

At the National Assembly in Yeouido, Seoul, on the 17th afternoon, an amendment to the Constitutional Court Act (alternative bill) passes at the 5th plenary session of the 424th National Assembly (extraordinary session) with 300 members, 294 present, 188 in favor, 106 against, and 0 abstentions./Courtesy of News1

A National Assembly member loses the seat if the Supreme Court finalizes a sentence of imprisonment or heavier for a general criminal offense. Lawmaker Yang Mun-seok was indicted on the general criminal charge of loan fraud, and the suspended prison sentence handed down by the Supreme Court constitutes a sentence of imprisonment or heavier, so he lost his seat.

However, controversy has arisen as Yang expressed his intention to file a retrial petition. This is because, by filing a retrial petition with the Constitutional Court against the Supreme Court ruling, the effect of the ruling can be suspended through an injunction. If so, he may be able to keep his seat until the retrial petition is concluded. This issue was pointed out as a foreseeable side effect during the legislative process for retrial petitions.

An official at the National Election Commission said, "There is no precedent for a National Assembly member filing a retrial petition against a penalty that nullifies an election, so we need to review whether (Yang) keeps the seat," adding, "The body that decides Yang's retirement is the National Assembly Secretariat."

According to the National Assembly Secretariat, under the Public Official Election Act and the National Assembly Act, restrictions on the right to be elected or loss of a seat take effect immediately when a Supreme Court ruling is finalized, and the seat is vacated by operation of law, meaning Yang is already in retired status.

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