President Lee Raises Constitutional Amendment Debate for Election Commission

The Wall of Election Commission Reform Born from Constitutional Constraints

President Lee Jae-myung stated on the 19th, during a Q&A session with reporters after concluding a briefing on his European tour at the Cheong Wa Dae press center, "If necessary, and if there is consensus between the ruling and opposition parties, we should pursue a one-point constitutional amendment regarding the Election Commission." This is a public acknowledgment that reforming the Election Commission is a structural issue that cannot be resolved through mere legal amendments.

The core issue lies in Article 114 of the Constitution. As a constitutional institution, the Election Commission's independence is guaranteed, making it difficult to apply external audits or personnel controls as one would to general administrative agencies. President Lee directly stated, "Due to the Election Commission's constitutional independence, there are problems in applying legal systems, including oversight and control." In other words, the logic suggests that to create substantial checks on the Election Commission, the constitutional text itself must be changed.

Currently, pressure for reform surrounding the Election Commission is mounting from two fronts simultaneously. On one side, various internal misconduct and lax discipline issues within the organization have been continuously raised. On the other side, the notion of 'election fraud' has been spread, primarily by the conservative opposition, making the Election Commission's credibility itself a political issue. As these two streams intertwine, Election Commission reform has emerged not just as an administrative matter but as a focal point of conflict concerning the constitutional order and the legitimacy of elections.

Political Variables to Overcome Before Proposing an Amendment

Constitutional amendment is a high hurdle from the outset due to its procedures. According to Article 128 of the Constitution, an amendment can be proposed by a majority of the National Assembly members or by the President, and it is finalized through a national referendum after receiving the approval of more than two-thirds of the National Assembly members. Given the current composition of the National Assembly, the Democratic Party alone does not hold two-thirds of the seats. This is why President Lee emphasized the condition, "if there is consensus between the ruling and opposition parties."

The problem is that the main opposition party, the People Power Party, holds a significantly different stance on the direction of Election Commission reform itself. While some within the ruling party use the 'election fraud' narrative as a shield to demand a complete overhaul of the Election Commission, potentially even its dissolution, the Democratic Party is considering institutional improvements aimed at enhancing transparency and auditability. Finding common ground on the direction of constitutional amendment is proving difficult.

President Lee directly distanced himself from the conservative opposition's election fraud claims. While urging, "Let us join forces for a thorough investigation into the Election Commission's situation and fundamental reform," he firmly stated, "We must not instigate social unrest by latching onto the election fraud theory." This is interpreted as an intention to preempt the reform agenda while distancing himself from its potential for political misuse.

Internal Party-Presidential Office Conflict and Prospects for a Constitutional Amendment Period

The feasibility of constitutional amendment discussions is also linked to dynamics within the ruling party. On the same day, President Lee directly warned regarding the party leadership race within the Democratic Party, saying, "Competitions should be held within the same camp; we should not fight like enemies. Is it okay to wage war?" Within the party, factional conflict is manifesting as the competition for party leadership between lawmakers Kim Min-seok and Jeong Cheong-rae becomes visible.

President Lee dismissed these rumors of internal party-presidential office conflict as a "process for achieving better outcomes," but it is realistically difficult to push forward with a critical political task like constitutional amendment when the party is divided. The prerequisite for constitutional amendment discussions to gain traction will inevitably be internal unity within the ruling party.

The timing of the Presidential Office bringing up the one-point constitutional amendment agenda is also noteworthy. It coincides with President Lee's return from a ten-day European tour, including the G7 summit, presenting domestic political agendas alongside his foreign policy achievements. This is interpreted as a calculation to leverage his foreign policy successes to secure domestic reform momentum.

In the short term, the key will be how broadly the common ground for Election Commission reform between the ruling and opposition parties can be expanded. While the President can lead the situation through his proposal right, reaching the national referendum stage ultimately requires broad bipartisan support. Whether the constitutional amendment discussion will lead to an actual proposal or remain as a tool for political pressure will likely be decided at future ruling and opposition party negotiation tables.