Identifier
Created
Classification
Origin
09SEOUL1732
2009-10-30 07:42:00
CONFIDENTIAL
Embassy Seoul
Cable title:
CONSTITUTIONAL COURT UPHOLDS MEDIA REFORM
how-toVZCZCXYZ0010 PP RUEHWEB DE RUEHUL #1732 3030742 ZNY CCCCC ZZH P 300742Z OCT 09 FM AMEMBASSY SEOUL TO RUEHC/SECSTATE WASHDC PRIORITY 6089 INFO RUCNKOR/KOREA COLLECTIVE PRIORITY RHMFISS/COMUSFK SEOUL KOR PRIORITY RUACAAA/COMUSKOREA INTEL SEOUL KOR PRIORITY RHMFISS/COMUSKOREA J5 SEOUL KOR PRIORITY RHHMUNA/USCINCPAC HONOLULU HI PRIORITY
C O N F I D E N T I A L SEOUL 001732
SIPDIS
E.O. 12958: DECL: 10/30/2029
TAGS: PGOV KS
SUBJECT: CONSTITUTIONAL COURT UPHOLDS MEDIA REFORM
Classified By: POL M/C James L. Wayman. Reasons 1.4 (b),(d).
C O N F I D E N T I A L SEOUL 001732
SIPDIS
E.O. 12958: DECL: 10/30/2029
TAGS: PGOV KS
SUBJECT: CONSTITUTIONAL COURT UPHOLDS MEDIA REFORM
Classified By: POL M/C James L. Wayman. Reasons 1.4 (b),(d).
1. (C) SUMMARY: On October 29, South Korea's Constitutional
Court ruled that the controversial set of media reform bills
the National Assembly passed in July were valid, despite
violations in the voting process. Clearing this issue from
the legislative agenda will allow the National Assembly to
move forward on other legislation in the current session.
The decision leaves uncertain the fate of some DP lawmakers
-- notably party leader Chung Sye-kyun -- who resigned from
the National Assembly in protest over the media reform
legislation. END SUMMARY.
2. (C) COMMENT: The GNP paid a significant political price
to push the media reform bill through the National Assembly
last July in a near-riotous session, and a decision
overturning the law would have dealt a significant blow to
the governing party. Such a ruling would also have opened
the door to losing legislators pursuing litigation whenever
they believed the National Assembly had followed improper
procedures. The DP will likely continue to protest the media
reform bills, which are scheduled to take effect on November
1. END COMMENT.
3. (SBU) The South Korean Constitutional Court on October 29
upheld controversial media reform laws that the ruling GNP
had pushed through the National Assembly in July despite the
opposition's attempts to physically block the vote (reftel
A). The next day, 93 lawmakers from three opposition parties
filed petitions with the Constitutional Court seeking
injunctions to stop the laws from taking effect. The
lawmakers also complained that the re-vote on the
broadcasting bill, which did not get a quorum of votes the
first time around, violated the law. Two of the nine
justices issued minority opinions that said the National
Assembly should overturn the bills because the voting
infringed upon opposition lawmakers' rights. The majority
opinion acknowledged violations in voting procedures, but
said it was unclear if the constitutional principle of
majority rule had been violated.
4. (C) Three DP lawmakers -- most notably party leader Chung
Sye-kyun -- were hoping the court would overturn the
legislation, vindicating their position and allowing them to
rescind their resignations. Though National Assembly Speaker
Kim Hyung-o has not accepted the resignations, DP Chairman
Chung has vacated his office in the National Assembly and
boycotted all proceedings. The court's decision leaves their
status ambiguous. Chung would retain his position as DP
Chief either way, as party leaders are not required to be
National Assembly members.
STEPHENS
SIPDIS
E.O. 12958: DECL: 10/30/2029
TAGS: PGOV KS
SUBJECT: CONSTITUTIONAL COURT UPHOLDS MEDIA REFORM
Classified By: POL M/C James L. Wayman. Reasons 1.4 (b),(d).
1. (C) SUMMARY: On October 29, South Korea's Constitutional
Court ruled that the controversial set of media reform bills
the National Assembly passed in July were valid, despite
violations in the voting process. Clearing this issue from
the legislative agenda will allow the National Assembly to
move forward on other legislation in the current session.
The decision leaves uncertain the fate of some DP lawmakers
-- notably party leader Chung Sye-kyun -- who resigned from
the National Assembly in protest over the media reform
legislation. END SUMMARY.
2. (C) COMMENT: The GNP paid a significant political price
to push the media reform bill through the National Assembly
last July in a near-riotous session, and a decision
overturning the law would have dealt a significant blow to
the governing party. Such a ruling would also have opened
the door to losing legislators pursuing litigation whenever
they believed the National Assembly had followed improper
procedures. The DP will likely continue to protest the media
reform bills, which are scheduled to take effect on November
1. END COMMENT.
3. (SBU) The South Korean Constitutional Court on October 29
upheld controversial media reform laws that the ruling GNP
had pushed through the National Assembly in July despite the
opposition's attempts to physically block the vote (reftel
A). The next day, 93 lawmakers from three opposition parties
filed petitions with the Constitutional Court seeking
injunctions to stop the laws from taking effect. The
lawmakers also complained that the re-vote on the
broadcasting bill, which did not get a quorum of votes the
first time around, violated the law. Two of the nine
justices issued minority opinions that said the National
Assembly should overturn the bills because the voting
infringed upon opposition lawmakers' rights. The majority
opinion acknowledged violations in voting procedures, but
said it was unclear if the constitutional principle of
majority rule had been violated.
4. (C) Three DP lawmakers -- most notably party leader Chung
Sye-kyun -- were hoping the court would overturn the
legislation, vindicating their position and allowing them to
rescind their resignations. Though National Assembly Speaker
Kim Hyung-o has not accepted the resignations, DP Chairman
Chung has vacated his office in the National Assembly and
boycotted all proceedings. The court's decision leaves their
status ambiguous. Chung would retain his position as DP
Chief either way, as party leaders are not required to be
National Assembly members.
STEPHENS