Constitutional Court's 'representative democracy' violates Lee Jae-myung's 'party member sovereignty decision'
The Constitutional Court explicitly stated in its ruling that the violation of the Constitution's 'representative democracy' was a factor in the decision to impeach the president, and thus the 'party member sovereignty nomination decision' by Democratic Party leader Lee Jae-myung, which was intended to seize power, violates the Constitutional Court's decision.
The Constitutional Court's decision to impeach the president granted considerable status to the 'right to direct election of the people' by stating that <the negative impact and ripple effect of the respondent's unlawful acts on the constitutional order are significant, and therefore the benefit of protecting the constitution by impeaching the respondent, who has been granted democratic legitimacy directly by the people, is recognized to be so great that it overwhelms the national loss that would follow the impeachment of the president>, but Lee's party member sovereignty reduced the 'right to elect members of the National Assembly' to a 'subordinate position under the party member's right to control the nomination.'
This representative's party sovereignty violated the Constitutional Court's ruling that "Each citizen of a democratic country must respect each other as equal members of the community and recognize that the opinions of others can be given equal value as much as they believe their own opinions are correct" and that "Democracy is based on a pluralistic worldview that trusts the autonomous reason of individuals and assumes that all political opinions have relative truth and rationality, and is essentially based on autonomous and cooperative public decision-making based on respect and love among equal fellow citizens."
The Constitutional Court stated that the grounds for the president's impeachment were "the democratic procedures and methods prescribed by the Constitution and the law must be followed" and "the democratic procedures prescribed by the law."
The Constitutional Court ruling stated in its decision that Article 1 of the Constitution is a “declaration of popular sovereignty, in which the source and subject of state power is the people and only the people can give legitimacy to the state’s political rule,” and that “this makes it clear that the formation and exercise of state power are not exclusively controlled by a specific class or group of the nation.”
The Constitutional Court, in its decision to dismiss Yoon Seok-yeol, stated that “the National Assembly is the representative body of the people that realizes a democratic state based on the principle of popular sovereignty,” and that “the defendant has completely prohibited the activities of the National Assembly through the declaration of martial law and the proclamation of this case, has deployed the military and police to the National Assembly with the intention of blocking the National Assembly from exercising its constitutional authority, and has obstructed the exercise of authority of the National Assembly as the representative body of the people by ordering the National Assembly to be dragged out of the plenary session hall.” The Constitutional Court declared his dismissal for violating the Constitution and the law.
In its decision to dismiss, the Constitutional Court stated that “Articles 40, 41, 66, 4, and 67, 1 of the Constitution embody the principle of democracy by adopting representative democracy. In representative democracy, the sovereign people elect members of the National Assembly through elections, and members of the National Assembly, as representatives of the people, bear political responsibility for their decisions to the people. <The National Assembly is a pluralistic and human-based consultative body composed of representatives of the people, and performs legislative functions, government oversight functions, and financial functions through democratic procedures that allow criticism from the general public and the opposition party and recognize and bridge the diverse opinions and interests of the people through public debate (see Constitutional Court 2003. 10. 30. 2002HunRa1; Constitutional Court 2004. 3. 25. 2001HunMa882)> Based on the absolute status in the Constitution, it was judged that <In short, the National Assembly is a representative body of the people that realizes a democratic state based on popular sovereignty> and sentenced the Yoon Seok-yeol regime, which had violated this, to impeachment.
Representative Lee Jae-myung said in his congratulatory speech at the launch ceremony of the second term of the pro-Myeong faction's 'More Democratic Innovation Conference' on June 2nd last year, "It is an irreversible trend to establish a system that practically guarantees the participation of more party members," and "The heightened awareness of the people and the convenient direct democracy platform are accelerating the era of 'party member sovereignty'," rejecting 'representative democracy' and declaring 'party member sovereignty.' Representative Lee said, "In order to open the era of 'party member sovereignty' in earnest, we must seek ways to effectively reflect the will of party members," and "Recently, our party members have expressed a desire to directly participate not only in nominations but also in the party's major decision-making processes," declaring 'control of nomination rights by party members.'
The representative said about the ‘representative democracy’ of the Constitution, “As the desire for direct democracy grows, there are voices of concern that the principle of representative democracy will be undermined,” and “We need wisdom to make good use of the advantages of representative democracy while at the same time fully implementing the spirit of the times called ‘party member sovereignty,’” and excluded the ‘people’s sovereignty’ of the Constitution and nominated personal case lawyers as National Assembly members through the ‘superiority of party member sovereignty.’
On the 5th of last month, the representative officially confirmed that the party members strategically used the National Assembly agenda vote in the party member sovereignty coup to eliminate the opposition.
Regarding the vote on the National Assembly arrest consent bill, the representative stated that he “demanded that it be rejected” in order to eliminate “groups (within the Democratic Party) that are engaging in black market transactions with the opposing party’s violent groups,” and reaffirmed the party member sovereignty coup on this day by eliminating “suspects of those who passed the bill through party member opinion polls and mutual evaluations of members.”
In an interview on YouTube's 'Maebul Show' released that day, the representative stated that the 'arrest motion approval incident' in which a large number of defections from the party occurred was "the work of the prosecution and some within the party," and that the arrest motion approval incident was created through a secret deal with the prosecution in order to expel him from the party. He also stated that the 'black market deal with a violent group' was revealed, and that this was calculated from the beginning.
The representative said, "(The Democratic Party members who voted for the approval) must be held accountable," and "If groups that use the Democratic Party as a tool for personal desires and make black market deals with opposing parties or violent groups survive, what will become of the party?" He continued, “In the end, it was all revealed in the general election and sorted out,” and “It just so happened that at that time (the arrest warrant approval incident), the so-called Democratic Party member evaluation was conducted, and those suspected of being part of the approval group received a huge drop in points in party member opinion polls, local public opinion polls, and mutual evaluations among members, which lowered their evaluations significantly,” and changed the phrase “finding out and eliminating those in the nomination papers” to “being revealed in the general election.”
Using the National Assembly agenda vote to eliminate the opposition in the party’s factional strife and party members becoming the rulers in “finding out those who are eliminated” through parliamentary voting outside the party rules is a destruction of parliamentary system and is equivalent to a fascist system. The representative said, “I asked for it to be rejected, even at the risk of increasing the possibility of arrest.
This is because the scale of the vote and who voted for it will be revealed,” and “It just so happened that at that time (the arrest motion was passed), the so-called Democratic Party member evaluation was conducted, and those suspected of being part of the vote-passing faction received significant deductions in party member opinion polls, local public opinion polls, and mutual evaluations among members, which lowered their evaluations significantly,” confirming the application of the party’s strategy of eliminating opposition through voting on the National Assembly agenda as a method of ‘finding out’ opposition parties.
In March of last year, Lim Hyeok-baek, the Democratic Party’s public office chairman, stated that the party member sovereignty-based nomination was based on ‘party discipline,’ but Representative Lee officially confirmed on this day that ‘rejection appeals’ regarding the National Assembly agenda vote were a ‘strategy for finding opposition parties,’ which would degrade the National Assembly to a lower level of party discipline.
Lim said that during the primary selection process, 40 people agreed to arrest Lee Jae-myung due to “excessive democracy” and that the system of national party members would be revived with the strategy of “eliminating opponents in the process of adopting the party line” and “fascist system”.
Chairman Lim stated in the Kyunghyang Shinmun that the ruling of “rejecting Park Yong-jin’s retrial alone” was “applied to the party rules objection application,” but the party rules clearly state that it is “authority of the retrial committee,” which constitutes a violation of the party rules and a false explanation.
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