Twenty-six current and former key figures from the People Power Party involved in the 2019 National Assembly "fast-track clash" case were fined in the first trial. The fines aggregate to more than 200 million won, but not all received a sentence that would strip them of their seats.
◇ "Violations of the National Assembly Act" fines all under 5 million won… seats retained if finalized
The Criminal Agreement Division 11 of the Seoul Southern District Court (Presiding Judge Jang Chan, Director General) held a sentencing hearing in the afternoon for 26 figures from the Liberty Korea Party (now People Power Party), including Rep. Na Kyung-won of the People Power Party and former Prime Minister Hwang Kyo-ahn, who were indicted on charges of obstructing the performance of special official duties and violating the National Assembly Act.
The court sentenced Rep. Na, who was the Liberty Korea Party's floor leader at the time of the April 2019 incident, to total fines of 24 million won. However, the fine imposed for violating the National Assembly Act was 4 million won.
Lawmakers lose their seats if they receive a sentence of imprisonment or heavier in ordinary criminal cases, or a fine of 5 million won or more in cases involving violations of the National Assembly Act. Even if this first-instance ruling is upheld by the Supreme Court, Rep. Na can keep her seat.
Former Prime Minister Hwang, who was the Liberty Korea Party leader at the time, was fined a total of 19 million won. For violating the National Assembly Act, he likewise received a 4 million won fine, which is below the threshold for losing a seat. Song Eon-seog, the current People Power Party floor leader, was fined a total of 11.5 million won. The fine for violating the National Assembly Act was 1.5 million won.
In addition, Reps. Lee Man-hee, Kim Jeong-jae, Yoon Han-hong, and Lee Cheol-gyu were each fined 8.5 million won, 11.5 million won, 7.5 million won, and 5.5 million won, respectively, while Daejeon Mayor Lee Jang-woo and South Chungcheong Gov. Kim Tae-heum were fined 7.5 million won and 1.5 million won, respectively. The total fines imposed on the 26 opposition figures involved in this case amount to 204 million won.
Earlier, prosecutors sought two years in prison for Rep. Na, one year and six months for former Prime Minister Hwang, and 10 months in prison and a 2 million won fine for Rep. Song.
◇ Na Kyung-won "Recognition of the minimum line of defense to block Democratic Party dictatorship"
The court said, "This case is the first instance in which lawmakers themselves, as members, violated the National Assembly's decision-making guidelines that were established for the National Assembly to reflect on past mistakes and restore trust." It added that while physical clashes in the National Assembly had disappeared under the 2012 National Assembly Advancement Act (revised National Assembly Act), they were revived after seven years by the fast-track clash.
The court continued, "Regardless of whether the contentious bills that sparked the dispute were right or wrong, it is undeniable that public trust in the National Assembly was damaged," adding, "In particular, lawmakers, who more than anyone must strictly comply with the Constitution and laws, mobilized illegal means to obstruct the activities of fellow lawmakers."
The court found that the fast-track clash was neither covered by lawmakers' immunity nor an exercise of the right to resist. However, it explained the reasons for sentencing by noting, "The defendants acted out of political motives to point out the problems of this case (the ruling camp's forcible handling of the bills) and to publicize its unfairness," and, "Since the incident, through multiple general and local elections, the public's political judgment of the defendants has to some extent been rendered."
After the sentencing, Rep. Na met with reporters outside the courtroom and said, "I am disappointed that a not-guilty verdict did not come out," but added, "The court clearly recognized the justification for our political resistance and defiance."
She continued, "In the end, I believe the court recognized the minimum line of defense to block the Democratic Party's dictatorship," adding, "I think it is meaningful that we were acknowledged the minimum means to curb the Democratic Party's runaway."
◇ Democratic Party launches satellite proportional party that runs counter to the intent after adopting a mixed-member proportional system
Rep. Na and others are accused of occupying the meeting rooms of the Special Committee on Political Reform (Jeonggae Special Committee) and the Special Committee on Judicial Reform (Sagae Special Committee) in the main building of the National Assembly in April 2019, and confining then Bareunmirae Party Rep. Chae Yi-bae in a lawmaker's office at the National Assembly Members' Office Building. Prosecutors indicted them in Jan. 2020.
At the time, the ruling and opposition parties were locked in fierce conflict over a revision to the Public Official Election Act to introduce a mixed-member proportional system and a bill to establish the Corruption Investigation Office for High-ranking Officials (CIO). When the ruling Democratic Party of Korea joined hands with minor opposition parties to pass the two bills by designating them as fast-track (expedited agenda) items, Liberty Korea Party lawmakers occupied various parts of the National Assembly to block it. In the process, the Liberty Korea Party and the Democratic Party of Korea also clashed physically.
The ruling and opposition parties had handled revisions to the Public Official Election Act, which sets the "rules of the election," by consensus. That practice was broken in 2019 when the Democratic Party of Korea pushed to adopt a mixed-member proportional system. Minor opposition parties at the time expected to gain seats, but after the election law revision, the Democratic Party of Korea launched a satellite proportional party for the 2020 general election that ran counter to the intent of the system.
On the 28th, a sentencing hearing will be held for 10 Democratic Party of Korea members, including Reps. Park Beom-kye and Park Ju-min, who were indicted on joint assault charges during the fast-track clash. For former Rep. Jang Je-won, who belonged to the People Power Party, the indictment was dismissed in April on the grounds of death.