I.    Democratic Party Must Halt Threats Against Me and Humbly Accept Public Criticism Against Destruction of Constitutionalism

I can no longer stand by and watch the destruction of the constitution in my country, because my duty as the vice speaker of the National Assembly to uphold the identity of the Republic of Korea.

Before distorting my sense of patriotism and issuing personal threats against me, I urge the Democratic Party to take another look at the true meaning of Article 12 of the Constitution of the Republic of Korea, which refers to due process, and Article 308, Clause 2 of Korea’s Criminal Procedure Code, which stipulates that any evidence obtained in violation of due process shall not be admissible. The Democratic Party must not distort my demands for the adherence to due process as a refusal to accept the impeachment of our former president or acknowledge the election win of the incumbent leader.

The Democratic Party itself said that treason constitutes a crime of inciting rebellion with the tacit aim of dividing our national territory or corrupting the constitution (Article 87 of Criminal Code). The actions taken by the Moon Jae-in administration over the last six months cannot be free from charges of treason due to the following reasons.

The crime of treason, which causes the destruction of a nation, is different than robbery or murder and cannot be interpreted simply based on the provisions of criminal law. Although specific elements constituting treason vary from one country to another, the crime can put the very identity of a nation at risk and the ruling powers of a sovereign state is in a position that is especially capable of placing the identity of a nation at risk.

The act of treason, which can put the very identity of a nation at risk, is commonly seen in acts that ignore and denigrate our core values of freedom, democracy, free market principles, constitutionalism and due process and thereby misleads the public in recognizing the true importance of such values.

Putting our nation’s identity at risk by ignoring the value of our Constitution constitutes subversion. It has become clear that the Democratic Party and Cheong WaDae, the presidential office, have been engaging in acts that threaten freedom and democracy and free market principles in our country.

A key example of the destruction of the law can be seen clearly in the free rein that has been given to the Truth and Reconciliation Committees that have been created by and are led by civilians with biased political views who are allowed to rifle through classified files held by constitutional legal entities.

While acknowledging the controversy caused by the Truth and Reconciliation Committees, the Democratic Party’s claims that it is not guilty of treason, since the Moon Jae-in administration is using various committees to pursue its objectives, while no physical “rebellion” has taken place.

But dazzling advancements in science and technology and the emergence of cyberspace have made it extremely easy to cause national order to become paralyzed simply by a functional act of rebellion without having to resort to full-blown physical uprisings. As a result, every country in the world has become fearful of the ability of so-called ideological “Red Guards” using elegant words and text messages to trigger nationwide rebellions that are far more powerful than the unrest we witnessed during the Cold War and this is the security dilemma countries around the world face today.

According to my research, in the U.S., which is an advanced country in terms of national security, the federal Supreme Court sentenced a person to 10 years in prison on charges of treason for making comments that disparage the importance of national security or attempting to promote anarchy as well as delivering a two-hour speech obstructing the draft or blocking people from signing up for military service. The Supreme Court viewed such comments and actions as tantamount to attempting to strip the U.S. of its weapons as it attempted to defend itself against outside forces.

Also, the U.S. Federal Bureau of Investigation indicted Edward Snowden on charges of espionage after he divulged classified National Security Administration information to WikiLeaks. In my view, the activities of the anti-corruption task forces set up by the incumbent government are little different from the actions of Snowden who was charged with the treasonous offense of espionage.

The incumbent administration's establishment of Truth and Reconciliation Committees in numerous administrative branches of government and ordering state prosecutors to pursue criminal investigations rather than inquiries constitute serious breaches of the Constitution.

Let me stress this one more time. If a clear violation of the law has been committed in a constitutional state requiring the creation of a fact-finding committee, the National Assembly, on behalf of those in power, either formally authorizes the subject and timing of such a probe and bestows authority to a legal entity or conducts such a probe on its own. This is how such matters must be handled in a constitutional state.

II. Destruction of the rule of law and breaches of Constitution must be put to public debate

As the vice speaker of the National Assembly, whose duty is to consider the interests of the nation before my political party and to uphold the rule of law, it is my sincere wish that the Moon Jae-in administration achieves success by strictly adhering to the principles of freedom and democracy and a free market economy. If the government fails, the public and the nation ends up paying the price.

The Democratic Party has distorted the sincerity of my intentions and has been calling for my resignation. I propose to create a committee to put the matter to public debate, which is a tactic favored by this government, and give the chance for the public to assess the truth and to verify the true intentions of the people. If my proposal is accepted, I shall gladly step down.

In addition, the following developments that have transpired so far must be revealed to the public so that a sound decision can be made by the public based on the public debate.

     1. The achievements and violations committed by Truth and Reconciliation Committees established in different government ministries
     2. Recommendations and selection processes of the members of Truth and Reconciliation Committees
     3. The process of compiling targets of the government’s anti-corruption inquiry list and the degree of involvement by the presidential office in the entire process
     4. Records of all presidential office meeting involving anti-corruption inquiries
     5. Records of all meetings of Truth and Reconciliation Committees established in different government ministries and anti-corruption inquiries
     6. Degree of cooperation by each ministry to anti-corruption inquiries
     7. Allocations of government funds used by anti-corruption inquiries and original intentions of said funds

As our nation faces an unprecedented nuclear threat from North Korea in the midst of a quasi-state of war, I urge the Moon Jae-in administration and the Democratic Party to solemnly reflect upon its actions and see if they are destroying the values of the free Republic of Korea, which was created through the blood and sacrifices of our ancestors, including patriotic martyrs, and strive to progress into the future rather than digress into the past.

November 29, 2017
Shim Jae-chul
Vice Speaker of the National Assembly