'Fast-Track Clash' Lawmakers Na Kyung-won, Song Eon-seok Receive Fines in First Trial—Retain Parliamentary Seats (Comprehensive)

(Seoul=Yonhap Infomax) Da Ye On—In the first trial over the 2019 "National Assembly Fast-Track Clash," lawmakers from the former Liberty Korea Party (now the People Power Party) were found guilty for using physical force during legislative proceedings.

However, as all were fined less than 5 million won ($3,700) for violating the National Assembly Advancement Act, they avoided losing their parliamentary seats.

The Seoul Southern District Court’s Criminal Agreement Division 11 (Chief Judge Jang Chan) on the 20th sentenced Hwang Kyo-ahn, leader of the Liberty and Innovation Party, to fines of 15 million won ($11,100) and 4 million won ($3,000), totaling 19 million won ($14,100), for obstruction of special official duties and violation of the National Assembly Act.

All six incumbent People Power Party lawmakers also received fines. Na Kyung-won was fined 20 million won ($14,800) and 4 million won ($3,000), totaling 24 million won ($17,800). Current floor leader Song Eon-seok was fined 11.5 million won ($8,500) (10 million won + 1.5 million won). Kim Jung-jae received a total of 11.5 million won ($8,500) (10 million won + 1.5 million won), Lee Man-hee 8.5 million won ($6,300) (7 million won + 1.5 million won), Yoon Han-hong 7.5 million won ($5,600) (6 million won + 1.5 million won), and Lee Cheol-gyu 5.5 million won ($4,100) (4 million won + 1.5 million won).

The Fast-Track Clash incident occurred in April 2019, when rival parties fiercely confronted each other over whether to designate bills establishing the Corruption Investigation Office for High-ranking Officials and introducing a mixed-member proportional representation system as fast-track (expedited) items.

During the incident, 27 Liberty Korea Party lawmakers and aides, including Na Kyung-won, were indicted without detention in January 2020 for occupying the National Assembly’s bill office and the meeting rooms of the Special Committee on Political Reform and the Special Committee on Judicial Reform, obstructing bill submissions and meetings.

Some lawmakers, including Na, were also charged with confining former Bareunmirae Party lawmaker Chae Yi-bae in his office for six hours to prevent him from leaving.

Charges against the late former lawmaker Jang Je-won were dismissed due to his passing.

Prosecutors had previously sought a two-year prison sentence for Na and 18 months for Hwang, while requesting 10 months in prison and a 2 million won fine for Song during the September sentencing hearing.

The first trial verdict comes six years and seven months after the incident, and five years and ten months after the prosecution’s indictment.

Under South Korean law, incumbent lawmakers lose their seats if sentenced to imprisonment or if fined 5 million won ($3,700) or more for violating the National Assembly Act. All lawmakers in this case received fines below this threshold, allowing them to retain their positions.

The court explained the lengthy process, stating, "With 26 defendants, over 2,000 pieces of evidence, more than 50 witnesses, and 300 video files totaling over 6 terabytes, the sheer volume of evidence required extensive time for examination under criminal procedure law."

The court added, "Although there were only about 50 witnesses, the presence of 26 defendants meant each could cross-examine, effectively multiplying the time required as if hundreds of witnesses were questioned."

This case marks the first application of the National Assembly Advancement Act, enacted in 2012 to prohibit physical altercations in parliament.

The court stated, "This is the first case where National Assembly members themselves violated the decision-making procedures established to restore public trust, regardless of the merits of the disputed bills. It is undeniable that this incident damaged public expectations and trust in the National Assembly."

The court further noted, "As lawmakers, the defendants are expected to strictly adhere to the Constitution and laws. Resorting to illegal means to obstruct colleagues’ legislative activities or disrupt parliamentary operations is a grave offense and highly blameworthy."

However, the court acknowledged, "The defendants appear to have acted out of political motives to highlight issues with the disputed bills and the process of committee appointments or replacements."

At the time, the then-ruling Democratic Party allied with minor opposition parties to designate the controversial bills as fast-track items, excluding the main opposition Liberty Korea Party just four months after the special committees began their activities. In the process, committee members Oh Shin-hwan and Kwon Eun-hee, who opposed or sought amendments to the bills, were forcibly removed.

The court referenced a constitutional dispute filed by Oh against the National Assembly Speaker, noting, "Although the Constitutional Court later ruled the committee replacements constitutional by majority, four out of nine justices found them unconstitutional. Thus, the defendants’ doubts about the legality of the replacements were not entirely unfounded."

The court concluded, "Fundamentally, this incident stemmed from the National Assembly’s failure to foster a mature legislative culture of dialogue, compromise, and persuasion to reflect diverse public opinions in lawmaking and policy decisions."

Additionally, the court observed, "The degree of physical force used by the defendants was relatively minor and mostly indirect, such as blocking access."

The court also considered that subsequent general and local elections provided some measure of public political judgment on the defendants.

Separately, when indicting Liberty Korea Party members in 2020, prosecutors also charged 10 former and current Democratic Party officials, including lawmaker Park Beom-gye, with joint assault and other offenses. That trial is ongoing at the Seoul Southern District Court.

After the verdict, Na Kyung-won told reporters, "I deeply regret that a political incident has been dragged through the courts for six years. I am disappointed that a not-guilty verdict was not reached."

She added, "However, the court clearly recognized the political context and justification for our resistance. In that sense, today’s ruling is significant as it acknowledges a minimum safeguard against the Democratic Party’s one-sided actions."

Regarding a possible appeal, Na said, "I will consider and review further before making a decision."

d​yon@yna.co.kr

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