LIMITED OFFICIAL USE
Classification
Control: 5/161
Recd: MAY 6, 1960 9:45 PM
FROM: SEOUL
ACTIONS DEPARTMENT 1080
INFO: TOKYO 364, CINCPAC 241
DATE: MAY 6, 7 PM
CINCPAC FOR POLAD
NATIONAL ASSEMBLY MAY 5 SESSION DEVOTED PUBLIC DISCUSSION PROPOSALS FOR AMENDMENT CONSTITUTION. NINE MEMBER NA DRAFTING COMMITTEE HEADED DY DP CHONG HON-JU HAD PRESENTED GENERAL OUTLINE WHICH WAS BASIS FOR COMMENTS BY THIRTEEN PERSONS CONSIDERED EXPERTS ON CONSTITUTIONAL LAW. THESE CONSISTED REPRESENTATIVES ELEVEN UNIVERSITIES SEOUL AREA, REPRESENTATIVE BAR ASSOCIATION, AND ONE MEMBER CONSTITUENT ASSEMBLY WHICH PREPARED PRESENT CONSITUION.
WITHOUT EXCEPTION THESE CRITICIZED OMISSION IN DRAFT OF PROVISIONS TO GUARANTEE FUNDAMENTAL HUMAN RIGHTS WHICH SEVERAL SPEAKERS SAID WAS PRINCIPAL OBJECTIVE STUDENT DEMONSTRATORS. (ACCORDING PRESS, EXPERTS AGREED “STUDENTS WERE CONCERNED MORE WITH THE ENCROACHMENT ON THE BASIC FREEDOMS THAN WITH A CHANGE IN THE GOVERNMENT FORM OR IN THE PARTY IN POWER3.) UPON THIS GROUND, ALL JOINED IN DEMANDS FOR ELIMINATION OR SUBSTANTIAL MODIFICATION CONSTITUTIONAL ARTICLES 13 AND 28. ARTICLE 13 ALLOWING RESTRICTION “BY LAW” ON FREEDOM SPEECH, PRESS, ASSEMBLY AND ASSOCIATION, AND ARTICLE 28 PERMITS LAW IMPOSING RESTRICTIONS UPON LIBERTIES AND RIGHTS CITIZENS BE ENACTED WHEN NECESSARY MAINTENANCE PUBLIC ORDER OR WELFARE COMMUNITY.
THIRTEEN EXPERTS GENERALLY CONCURRED, HOWEVER, IN COMMENTS ON DRAFTING COMMITTEE’S TENTATIVE OUTLINE REDISTRIBUTION AUTHORITY
AMONG VARIOUS BRANCHES GOVERNMENT. SPECIFICALLY:
1) ALL FAVORED CHANGE FROM PRESIDENTIAL TO PARLIAMENTARY SYSTEM AS MEANS PREVENTING RECURRENCE “DICTATORSHIP”.
2) ALL BUT TWO SPEAKERS FAVORED BICAMERAL OVER UNICAMERAL LEGISLATURE.
3) MOST SPEAKERS FAVORED ELECTION PRESIDENT BY LEGISLATURE (PROPOSED BY DRAFTING COMMITTEE) BUT FOUR FELT THAT DIRECT POPULAR ELECTION WAS DESIRABLE AS MEANS MAINTAINING PRESTIGE PRESIDENCY.
4) ALL AGREED THAT PRESIDENT SHOULD BE STRIPPED OF POWER INSTITUTE EMERGENCY EXECUTIVE ORDERS HAVING EFFECT LAW (PROPOSED BY DRAFTING COMMITTEE). SOME THOUGHT THAT PRESIDENT SHOULD HAVE ONLY CEREMONIAL FUNCTIONS WHILE OTHERS ARGUED THAT HE WOULD RETAIN CONTROL ARMED FORCES LEST PRIME MINISTER BECOME TOO POWERFUL.
5) SPEAKERS GENERALLY AGREED THAT PRIME MINISTER SHOULD BE APPOINED BY PRESIDENT FROM LOWER HOUSE LEGISLATURE AND THAT AT LEAST HALF MEMBERS CABINET SHOULD BE LEGISLATORS.
6) ALL EMPHASIZED NEED FOR CONSTITUTIONAL PROVISIONS REGARDING POLITICAL PARTIES, AS PROPOSED BY DRAFTING COMMITTEE, IN ORDER FOSTER SOUND PARTY SYSTEM. SPEAKERS STATED COMMUNISTS AND OTHER SUBVERSIVE PARTIES SHOULD BE ROOTED OUT, BUT THAT SUCH PARTIES SHOULD BE JUDGED BY EITHER SUPREME COURT OR CONSTITUTIONAL COURT AND NOT BY ADMINISTRATION.
WITH ONE EXCEPTION ALL SPEAKERS AGREED THAT ELECTION NEW ASSEMBLYMEN NOT NECESSARY PRIOR TO CONSTITUTIONAL AMENDMENT. NEWLY ELECTED ASSEMBLY SPEAKER DP KWAK SANG-HUN SAID AMENDMENT WOULD BE ASSEMBLY'S EXPRESSION REGRET TO PEOPLE.
TODAY ALL PAPERS CARRIED FULL ACCOUNTS DISCUSSIONS REGARDING AMENDMENT. PRESS ALSO REPORTED THAT DRAFTING COMMITTEE CHAIRMAN CHONG STATED HE DISAGREED WIT ASSERTION THAT ARTICLE 13 SHOULD BE AMENDED SINCE HE BELIEVED NECESSARY GOVT RETAIN SUCH CONTROLS. CHONG ALSO REPORTEDLY STATED THA HE HOPED INTRODUCE PROPOSED AMENDMENT BY MAY 10.
SEVERAL PAPERS HAVE EDITORIALLY URGED ABOLITION ARTICLE 13.
OTHER SIGNIFICANT EDITORIAL COMMENT WAS HANKUK ILBO CRITICISM THAT AMENDMENTS SHOULD ALSO COVER FINANCIAL AND ECONOMIC MATTERS AND LOCAL AUTONOMY PROVISIONS. YONHAP SHINMUN COMMENTED THAT WHILE SOME GROUPS; INCLUDING US; MAY HAVE DOUBTS REGARDING EFFECTIVENESS OF PARLIAMENTARY SYSTEM THIS MERELY REFLECTS UNFAVORABLE EXPERIENCE FRANCE AND NOT APPLICABLE PARLIAMENTARY SYSTEM PER SE.
MCCONAUGHY
CA
06/2220