Special Law on Internal Conflict - Legislation to Correct History, a Response from the National Assembly to the People who Defended Constitutional Governance

Introduction: Why Now, the Special Law on Internal Affairs

On December 3, 2023, an event occurred in the political history of South Korea that must never be repeated. Some political powerholders attempted to seize control of the nation by force, trying to overturn the democratic processes of constitutional amendment and elections in what is known as the '12·3 Incident.' This was not merely a political turmoil or a power struggle it was a conspiracy to undermine the very foundations of the Constitution of the Republic of Korea and democracy itself. The Constitution of South Korea explicitly states in Article 1, "The Republic of Korea is a democratic republic." This clause is not just a declaration of the political system, but the basis of popular sovereignty and the core spirit of South Korean democracy. However, the events of December 3 were a sufficient cause to assess that this action negated the principle of sovereignty and attempted to overthrow the structure of state power using military organization and power, thus constituting a breach of constitutional order. In response to the urgent historical demand that such a serious challenge to constitutional order cannot be buried in history, the National Assembly took action. Centered around Democratic Party Representative Park Chan-dae, 115 members of the National Assembly came together to propose the 'Special Act on the Investigation and Realization of Justice regarding the 12·3 Insurrection (Insurrection Special Act).' This bill aims to clearly define the accountability not only of those who committed insurrection but also of the political organizations and their members that produced them, establishing a legislative mechanism to prevent the recurrence of actions that undermine democracy.

Main point 1: Structure and content of the special law on rebellion

The 'Special Act on Rebellion' goes beyond simple post facto punishment and represents a comprehensive legislative effort for historical clarification and prevention of recurrence at the national level. The main proponent, Representative Park Chan-dae, stated that it is the duty of the state to 'pursue and condemn until the end' those responsible for rebellion crimes, and this bill is a formal expression of that belief. A total of 115 members of the Democratic Party, including co-sponsors Kim Yong-min, Park Seong-jun, Jeong Cheong-rae, and Roh Jong-myeon, participated in the bill's proposal. The key provisions of the law include the following: - Restrictions and recovery of national subsidies: Subsidies provided by the state can be restricted or recovered from political parties that have produced individuals convicted of rebellion or foreign exchange crimes. - Establishment of a special tribunal: Trials related to rebellion cases will be handled swiftly and fairly through a separate 'dedicated special tribunal' outside the existing judicial system. - Absolute prohibition of pardons, commutation, and restoration: Individuals who have been convicted of rebellion crimes cannot receive pardons, commutation, or restoration under any circumstances. - Criminal leniency for self-reporters and informants: Public officials, military personnel, and police who self-report or inform in good faith will have their criminal punishments reduced. - Inclusion in textbooks and enhancement of historical education: Historical facts related to rebellion conspiracy cases will be formally incorporated into school textbooks to enable future generations to learn about democracy. - Nullification measures for those involved in rebellion: Provisions are also included to fully invalidate the appointments of individuals involved in rebellion or related public institution heads. These provisions aim to strengthen legal responses to rebellion and serve as essential mechanisms for protecting democracy.

Main Point 2: Legislative Definition and the Victory of Democracy

In order for democracy to endure, clear condemnation of acts that undermine the constitution is essential. The Special Act on Internal Affairs is a historical tool for resurrecting that definition. This is not mere retaliation but an inevitable measure for restoring national order and realizing the principles of the rule of law. The former regimes of Chun Doo-hwan and Roh Tae-woo, which violently suppressed the Gwangju Democratization Movement in 1980, ultimately faced legal punishment. This special law, designed in a more institutionalized and delicate manner than before, is being evaluated as a much more mature democratic response. It is against justice for taxpayers' money to go to forces that conspire to overthrow the state. The provision for the recovery of political subsidies symbolizes the material restoration of popular sovereignty and reflects constitutional values in the budget. The Special Act on Internal Affairs includes content that institutionally strengthens the principle that all individuals are equal before the law. By establishing this law, a foundation has been laid to enhance the fairness of the law.

Conclusion: How South Korea Responds to Internal Rebellion

The Special Law on Rebellion is not simply a revenge for past events. It is a response from the legislative body to the people's mandate, the defense of constitutional order, and the realization of justice. History holds meaning when it does not repeat itself. The moment we forgive and dismiss rebellion, democracy can sink again at any time. In this regard, the Special Law on Rebellion can be evaluated as the most symbolic and necessary legislation in modern Korean political history. Representative Park Chan-dae and the 115 co-sponsoring members of the Democratic Party established this law in the name of the people. The courage, philosophy, and sense of responsibility they demonstrated is a milestone in the politics of the Republic of Korea. The Special Law on Rebellion must now establish itself as a foundational stone for political reform, judicial justice, educational innovation, and public service ethics. The Republic of Korea must become a nation that will never tolerate rebellion again. And the starting point is this bill.

The seed that blooms the flower of justice

"Justice is ultimately a flower that blooms on the foundation of the system. The special law on insurrection is a seed of commitment for nurturing that flower." The special law on insurrection is a legislative proposal that embodies the will of the people to uphold the constitution, and it should contribute to correcting historical chronicles and preserving democratic values. As an institutional mechanism for the establishment of peaceful democracy, this legislation holds more significance than a mere legal measure in that it aims to realize the justice commanded by the people.