C O N F I D E N T I A L SEOUL 001732 
 
SIPDIS 
 
E.O. 12958: DECL: 10/30/2029 
TAGS: PGOV [Internal Governmental Affairs], KS [Korea (South)] 
SUBJECT: CONSTITUTIONAL COURT UPHOLDS MEDIA REFORM 
 
Classified By: POL M/C James L. Wayman. Reasons 1.4 (b), (d). 
 
¶1.  (C) SUMMARY: On October 29, South Korea's Constitutional 
Court ruled that the controversial set of media reform bills 
the National Assembly passed in July were valid, despite 
violations in the voting process.  Clearing this issue from 
the legislative agenda will allow the National Assembly to 
move forward on other legislation in the current session. 
The decision leaves uncertain the fate of some DP lawmakers 
-- notably party leader Chung Sye-kyun -- who resigned from 
the National Assembly in protest over the media reform 
legislation.  END SUMMARY. 
 
¶2.  (C) COMMENT: The GNP paid a significant political price 
to push the media reform bill through the National Assembly 
last July in a near-riotous session, and a decision 
overturning the law would have dealt a significant blow to 
the governing party.  Such a ruling would also have opened 
the door to losing legislators pursuing litigation whenever 
they believed the National Assembly had followed improper 
procedures.  The DP will likely continue to protest the media 
reform bills, which are scheduled to take effect on November 
¶1.  END COMMENT. 
 
¶3.  (SBU) The South Korean Constitutional Court on October 29 
upheld controversial media reform laws that the ruling GNP 
had pushed through the National Assembly in July despite the 
opposition's attempts to physically block the vote (reftel 
A).  The next day, 93 lawmakers from three opposition parties 
filed petitions with the Constitutional Court seeking 
injunctions to stop the laws from taking effect.  The 
lawmakers also complained that the re-vote on the 
broadcasting bill, which did not get a quorum of votes the 
first time around, violated the law.  Two of the nine 
justices issued minority opinions that said the National 
Assembly should overturn the bills because the voting 
infringed upon opposition lawmakers' rights.  The majority 
opinion acknowledged violations in voting procedures, but 
said it was unclear if the constitutional principle of 
majority rule had been violated. 
 
¶4.  (C) Three DP lawmakers -- most notably party leader Chung 
Sye-kyun -- were hoping the court would overturn the 
legislation, vindicating their position and allowing them to 
rescind their resignations.  Though National Assembly Speaker 
Kim Hyung-o has not accepted the resignations, DP Chairman 
Chung has vacated his office in the National Assembly and 
boycotted all proceedings.  The court's decision leaves their 
status ambiguous.  Chung would retain his position as DP 
Chief either way, as party leaders are not required to be 
National Assembly members. 
STEPHENS