Article 128 in Focus After Chairman Cho's Remarks on Presidential Reelection

Amid National Assembly Speaker Cho Jeong-sik's remarks suggesting the possibility of a constitutional amendment to allow the incumbent president a fourth term, the presidential office issued an immediate clarification, followed by criticism from opposition figures. During his first press conference since taking office on July 28 at the National Assembly Love House in Yeouido, Seoul, Speaker Cho responded to questions regarding the possibility of a reelection amendment, stating that the issue of the incumbent president's reelection is a matter of sovereign public opinion and choice, and depends on the agreement of political stakeholders. In response, Senior Secretary for Public Communication Jang Hyun-ju clarified that same day around 5 p.m., stating that reports suggesting he had left open the possibility of the incumbent president's reelection were not in line with the intent of his remarks. Later, past 11 p.m., the Speaker also took to Facebook to clarify his position, stating that the incumbent president's reelection is not the subject of future constitutional amendment discussions.

In a Facebook post on August 1, Kim Geun-sik, a professor at Kyungnam University, referenced Speaker Cho's remarks and expressed concern that President Lee might be preparing for a dismissal of the indictment within his term or pushing for a reelection card following a constitutional amendment. He also cited the installation of a billboard urging President Lee Jae-myung to seek reclamation in Gongju, Chungnam, on August 1, pointing out the possibility of testing public opinion.

The history of constitutional amendment in the Republic of Korea is marred by attempts to extend power, including the constitutional revisions by former President Syngman Rhee and the three-term amendment and Yushin Constitution by former President Park Chung-hee. Due to this historical background, a provision prohibiting the extension of the president's term or the change of term limits for the incumbent was added to Article 128, Paragraph 2 of the current Constitution. Constitutional scholars interpret Article 128, Paragraph 2 not as a clause blocking constitutional amendments themselves, but as a regulation limiting retroactive application to the incumbent president. Sung Nak-in, Professor Emeritus at Seoul National University, explained that this provision aims to democratize power through a single-term presidency, reflecting on past constitutional amendments that extended terms.