THE KOREAN NATIONAL INITIATIVE

THE AMENDMENT

Chapter X Amendments to the Constitution

Article 131

[Citizens Assembly]
  1. The referendum herein sanctions the Korean National Initiative process that introduces an Amendment to the Korean People enabling them to amend their Constitution and thereby create a Citizens Assembly.

  2. Citizens of Korea compose the Citizens Assembly vested with legislative powers to introduce and enact constitutional amendments and laws.

  3. A Citizens Trust is herein created to administer the legislative procedures for the Citizens Assembly. A Board of nineteen Trustees and a Director shall govern the Citizens Trust.

  4. The legislative procedures and the terms of office of the Trustees and the Director are prescribed by a law herein enacted as companion legislation.

  5. Only natural persons who are citizens may introduce legislation; contribute funds, services or property in support or in opposition to legislative initiatives.

 

Legislative Procedures Act

 

Be It Enacted By the Citizens of Korea:

Section 1. TITLE

This act shall be known and may be cited as the Legislative Procedures Act. (hereinafter “Act”)

Section 2. PREAMBLE

We, the People of Korea, inherently possess the sovereign authority and power to govern ourselves. We assert this power in Article 1 (2) of our Constitution. We, Citizens, choose now to participate as lawmakers at all levels of government. We, Citizens, herein sanction the ratification and enactment of this Korean National Initiative Referendum whereby we introduce the Referendum to the Korean electorate for their decision in an election conducted on our behalf by the Central Election Management Committee. We, Citizens, choose to create a Citizens Assembly to exercise our legislative powers by initiative and concurrently with the legislative powers we delegate to our legislative representatives in all government jurisdictions.

THEREFORE, We, Citizens of Korea, enact this Legislative Procedures Act, establishing procedures to be administered by the Citizens Trust on behalf of the CITIZENS OF THE Citizens Assembly.

Section 3. PROCEDURES

The Citizen Trust shall qualify initiatives chronologically. The Citizens Trust shall take advantage of contemporary technology in implementing these procedures. The essential elements of the initiative process include, but are not limited to, the following:

A. Sponsor

Only citizens of Korea who are registered to vote may sponsor an initiative. The Sponsor shall be identified on the initiative, on any petition, and on any qualifying poll.

B. Form

An initiative shall comprise a Title, a Summary, a Preamble that states the reasons for, and explains why, the initiative is proposed, and the complete text of the initiative.

C. Content

An initiative shall pertain to a matter of public policy relevant to the government jurisdiction to which it is applicable. The Sponsor shall determine the wording of the initiative. The Title and Summary shall be subject to the approval of the Citizens Trust.

D. Subject

An initiative shall address one subject only, but may include related or mutually dependent parts.

E. Word Limit

An initiative shall contain no more than five thousand words, exclusive of the Title, Preamble, Summary, References, Definitions, and language that quote existing law.

F. Qualification

Following approval of the Title and Summary by the Citizens Trust, an initiative may qualify for election in the relevant government jurisdiction by any one of the following methods:

1) Citizen Petition

An initiative shall qualify for election if it is the subject of a petition signed manually or electronically by a number of registered voters, to be specified by the Citizens Trust, within the relevant government jurisdiction. The time period allotted to gather qualifying petition signatures shall be not more than one year, beginning on the date the first signature is collected.

2) Public Opinion Poll of Citizens

An initiative shall qualify for election if the subject matter described in the title and summary is approved in a public opinion poll by a sufficient number of persons wishing to vote on the measure. To qualify by this method, the affirmative percentage, the polling plan, including the number of respondents, the methodology and the entity that will conduct the poll, shall be approved by the Citizens Trust.

3) Legislative Resolution

An initiative shall qualify for election if a resolution, the wording of which is identical to the initiative as submitted by its sponsor, is passed by simple majority in the legislative body of the relevant jurisdiction.

G. Withdrawal

The Sponsor of an initiative may withdraw an initiative from further consideration and processing at any time prior to a deadline established by the Citizens Trust.

H. Public Hearing

After an initiative qualifies for election, the Citizens Trust shall appoint a Hearing Officer to conduct a public hearing on the initiative. Representatives of the Sponsor and representatives of the legislative body of the relevant jurisdiction shall participate in the hearing in accordance with policies and procedures established by the Citizens Trust. Testimony on the initiative by citizens, proponents, opponents, and experts shall be solicited and their testimony shall be published as the Hearing Record.

I. Deliberative Committee

After a public hearing on each initiative, the Citizens Trust shall convene a Deliberative Committee to review the initiative. The Deliberative Committee shall consist of citizens selected at random from the voter rolls of the relevant jurisdiction maintained by the Citizens Trust. Members of the Deliberative Committee shall be fairly compensated for time spent and expenses incurred in performance of Committee duties. The Citizens Trust shall provide technical support and such additional resources as are necessary for the effective discharge of the Committee’s duties. The Deliberative Committee shall review the Hearing Record, secure expert advice, deliberate the merits of the initiative, and prepare a written report of its deliberations and recommendations. By two-thirds vote, the Committee may alter the Title, Summary, Preamble or text of the initiative, provided that the changes are consistent with the stated purpose of the initiative.

J. Legislative Advisory Vote

Each initiative, together with its Hearing Record and report of the Deliberative Committee, shall be transmitted to the legislative body of the relevant jurisdiction. The legislative body shall conduct a public vote of its members, recording the yeas and nays on the initiative, within 90 days after receipt thereof. The vote of the legislative body is non-binding, serving only as an advisory to the citizens. Upon the completion of the Legislative Advisory Vote, or 90 days after the initiative has been delivered to the legislative body of relevant jurisdiction, whichever occurs first, the Citizens Trust shall coordinate a schedule for the election of the initiative with the Central Election Management Committee.

K. Election

The Central Election Management Committee shall conduct all initiative elections and employ the most advanced technology, like the Internet, and need not be bound to confining an election to a single day. The Committee may expand an election to twenty four hours a day for a week. The Committee shall be motivated to make voting for initiatives as conveniently as possible for Korean Citizens.

L. Enactment

An initiative that creates or modifies the Constitution, a provincial or municipal charter assumes the force of law when it is approved by more than half the voters in the relevant jurisdiction in each of two successive elections. If such initiative is approved in the first election, the second election shall occur no earlier than six months and no later than a year after, the first election. An initiative that enacts, modifies or repeals statute law assumes the force of law in the relevant jurisdiction when approved by more than half the registered voters participating in an election.

M. Effective Date

The effective date of an initiative, if not otherwise specified in the initiative, shall be forty-five days after certification of its enactment.

N. Judicial Review

No court shall have the power to enjoin any initiative election except on grounds of fraud. After an initiative has been enacted into statute law, courts, when requested, may determine the constitutionality of the law. Courts have no power to adjudicate initiatives that amend the Korean Constitution.

O. Promotional Communications

Any communication, regardless of the medium through which conveyed, that promotes or opposes an initiative shall conspicuously identify the person(s) responsible for that communication, in a manner specified by the Citizens Trust.

P. Campaign Financing

Only Korea citizens may contribute funds, services or property in support of or in opposition to an initiative. Contributions from corporations including, but not limited to, such incorporated entities as industry groups, labor unions, political parties, political action committees, organized religions and associations, are specifically prohibited. Such entities are also prohibited from coercing or inducing employees, clients, customers, members, or any other associated persons to support or oppose an initiative. Violation of these prohibitions is a felony punishable by not more than one year in prison, or a fine not to exceed One Hundred Thirty Million Won, or both, per instance, applied to each person found guilty of the violation.

Q. Financial Disclosure

The Citizens Trust shall establish financial reporting requirements applicable to initiative sponsors, proponents and opponents, with monetary thresholds appropriate to the affected government jurisdiction. The Citizens Trust shall make all financial reports available to the public immediately upon its receipt thereof. Failure of sponsors, proponents or opponents to comply with these reporting requirements shall be a felony punishable by not more than one year in prison or a fine not to exceed One Hundred Thirty Million Won, or both, per instance, applied to each person found guilty of the violation.

Section 4. CITIZENS TRUST

The Citizens Trust shall administer the Legislative Procedures Act. The Citizens Trust shall be governed by a Board of Trustees and a Director. The Citizens Trust shall take advantage of contemporary technology in carrying out its mission. The activities of the Citizens Trust shall be transparent to the public.

A. Mission

The Citizens Trust shall impartially administer the Act so as to facilitate the exercise of the citizens’ legislative power. The Citizens Trust shall ensure that citizens may file, qualify and vote on initiatives rele