[Review] Seminar Series for Reciprocal Understanding of Korea-Turkey


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[Review] Seminar Series for Reciprocal Understanding of Korea-Turkey
Current Status of Separation of the Powers and the Constitutionalism in Korea and Turkey (2014.10.14)

 

On last Tuesday, October 14th, Seoul National University Asia Center has taken the first step into the “Korea-Turkey Seminar Series for Reciprocal Understanding”, co-hosted with Istanbul Cultural Center. The “Seminar Series for Reciprocal Understanding of Korea-Turkey” is a 6-year long program, designed to promote a better understanding of each other and to foster a close-relationship. Ending in 2020, the topics of the seminar series are divided into first, “The Expansion of Democracy and its Challenges” (2014-2016), second, “Conflict Resolution and a Harmonious Society” (2016-2018), and third, “From Economic Growth to Social Development” (2018-2020). The perception of West Asia in Korea has been developed through Western media. Consequently, the image of West Asia has been limited to the stereotypes created by the West-centered description of ‘Muslim culture’. The seminar series is expected to provide an opportunity to develop a better understanding of West Asia and the Muslim culture without the stereotypical frame generated from the Western perspectives.
The first seminar on “The current status of Korea and Turkey on the separation of the powers and constitutionalism,” includes a presentations by Hasan Hami Yildirim, a member of 24th National Assembly of Turkey, and Boo, Jwa Hyun, a member of National Assembly of Korea, followed by discussion facilitated by Kim, Jong Chul, a professor of Yonsei University Law School. The seminar started at four o’clock on Tuesday after noon, 14th of October. Staffs and the researchers of Asia Center including Kang, Myungkoo, the Director of Seoul National University Asia Center, religious personnel, and students gathered at Seoul National University Asia Center Youngone Hall for the seminar. The seminar was conducted in Korean and Turkish with simultaneous interpretation service.

People of diverse backgrounds participated in the seminar, including religious personnel, students, and the staffs and the researchers of Asia Center.

The seminar began with an opening speech by Kang, Myungkoo, the director of Seoul National University Asia Center, pleasingly wishing for Korea and Turkey’s better understandings of each other. Followed by the address of Kang was a brief greeting from Huseyin Yigit, the director of Istanbul Cultural Center.

Kang, Myungkoo, the director of Seoul National University Asia Center, making an opening speech for the seminar series.

Huseyin Yigit, the director of Istanbul Cultural Center, giving a welcome speech for the seminar series.

The first presentation was given by Hasan Hami Yildirim, on “The separation of powers and the constitutionalism in Turkey.” Having a Doctorate of Urban Engineering, Hasan Hami Yildirim has consecutively filled the Head of Department of Environment and Deputy Secretary-General in Turkey. He is actively involved in politics related to environmental issues. In his presentation, Hasan Hami Yildirim described various current events in Turkey, while explaining the status of the separation of the powers and the constituionalism in Turkey.

 

Hasan Hami Yildirim(member of 24th National Assembly of Turkey) delivering the first presentation.

According to Hasan Hami Yildirim, Turkey is promoting democratic politics based on the separation of the powers. However, rather than used to divide the concentrated power in order to realize a higher level of democracy, the separation of the powers, although a crucial element for democracy, has been abused by the elites to preserve their own power in Turkey. For a long time, the separation of the powers, served as a tool for the privileged to maintain their control power, not as a system that served to provide checks and balances between the three powerful institutions, Hasan Hami Yildirim pointed out. Currently, the democratic ideal in Turkey is based on that the concept developed during Turgut Ozal era. Although the growth of democracy in Turkey was temporarily interrupted during the 1990s, it has rapidly developed between 2002 and 2010, he said. In particular, the military power in Turkey, which has previously been enjoying supreme power over both political and judicial institutions, has been remarkably weakened during this period. Under the influence of the European Union adaptation program, the judicial power of Turkey has finally secured its ability to serve its original function. Furthermore, the constitutional reform by the referendum on September 12th, 2010, represents a great improvement on the level of human rights.
Nevertheless, after the referendum, just when the military power has finally been separated from the political and judiciary institutions, the ruling party has won the majority vote in the general election of 2011 and has regained the power. Ever since then, the level of democracy in Turkey has been walking backwards, Hasan Hami Yildirim claimed.
The ruling party has successfully won the third consecutive term in the general election of 2011, and the legislative power has become dysfunctional ever since, as it is dominated by the administrative power. According to Hasan Hami Yildirim, many questions are being raised as more people are becoming aware of the judiciary power of the ruling party, the freedom of press, and civil society in a democratic nation. And many strong criticisms are being raised as a result. He also pointed out that the election in a democratic country does not indicate the delegation of all powers to the elected. The authority of the elected power should be limited by historically developed traditional values, human rights, and the Constitution.

The next presentation was presented by Boo, Jwa Hyun, a member of the 19th National Assembly of Korea, who is also known as the lawmaker of New Political Alliance for Democracy. Boo has prepared the presentation on the topic of “The separation of the powers, and the constitutionalism in Korea.” Boo has identified the changes in the definition of the separation of the powers and constitutionalism in Korea and explained its meanings with historical description in chronological order, beginning from the First Constitution to the Constitution of the 6th Republic of Korea, established in October, 1987.

Boo, Jwa Hyun (member of the 19th National Assembly) giving the presentation as a second speaker.

According to Boo, viewing the First Constitution from the perspective of the check and balance between the three powers, the president is the head of nation and yet the administrative power is elected by the National Assembly. A non-confidence motion in the Government is not recognized as lower political responsibilities are not asked under the First Constitution. This has placed the presidential power slightly above the others. Later, the 2nd Republic Constitution had adopted a parliamentary government to compensate for the new presidentialism. The 2nd Republic Constitution carries the principle of the checks and balances of the three powers more firmly. However, the government of the Democratic Party established by the 2nd Republic Constitution was not able to exercise its sovereign power. The constitution had become suspended after only 11 months of constitutional execution, resulting in no actual realization of separation of the powers.
The 3rd Republic Constitution had adopted presidential system and a new system of power separation, adding an element to become a just nation. Constitutionally, the separation of the powers is arranged to a relatively higher level of the checks and balances system than before. However, in reality, it was practiced by the administrative power to limit and control the legislative power. The separation of the powers was used as a political tool to undermine the legislative power, granting the administrative authority a higher power. Yu-sin Constitution, the 4th Republic Constitution upholds the separation of the three powers on the paper, but contributed a greater centralized power to the head of state.
The 5th Republic had chosen a presidency term with much weakened administrative power, redeeming the absolute power of the presidency exercised previously. By largely weakening the level of the sovereign power practiced by the president, the administrative power, legislative power, and the judiciary power was able to check on each other with balanced power amongst the three. The 6th Republic Constitution has been established on October, 1987, adopting a direct presidential election system, which continues today.

Boo, Jwa Hyun asserts that the separation of the powers is no longer a foreign concept in Korea, and it is being recognized as a fundamental political principle that must be realized.
Even so, he uses the cases of the Western societies where the separation of the powers has been practiced for a longer period of time as a reference in arguing that Korea also needs to consider the changes in the Western societies. Boo observed that increasing numbers of the Western societies are shifting to the direction of granting a greater size and strength to the administrative power. This tendency is consistent with the modern welfare nation principle. Supporting the modern welfare nation principle does not indicate that the constitutionalism should be thrown out at the expense of the freedom of the individuals, Boo explained. Rather, it means having the individual freedom as a fundamental basis, while adding on more advanced and further specified administrative function to the role of the nation. The function of the nation as a welfare state, providing a service as social workers, needs to be acknowledged, Boo pointed out. He argued that the separation of the powers of Korea should approach from the both directions at the same time. The separation of the powers should reach the function of a systematic device to protect and guarantee the freedom and rights of its citizens, and the function of as a welfare state to provide social welfare to its people.

Following the two presentation on the current status of the separation of the powers of Turkey and Korea by the two speakers, Kim, Jong Chul, a professor at Yonsei University Law School, has facilitated a discussion session on the presentations. Numerous questions and discussions from the audiences and the two panel speakers added on to the heated atmosphere of the seminar. Active discussions especially on finding the current meaning of the separation of the powers and the experiences on democratization of the two countries, and finding a way to carry out an appropriate level of strengthening the administrative power to incorporate the changing needs of the society while maintaining the checks and balances took place.

Professor Kim, Jong Chul (Yonsei University Law School) facilitating the discussion on the two presentations.

Seoul National University Asia Center and the Istanbul Cultural Center will continue to host the seminar series to cultivate a better understanding of each other. Particularly, during the first stage, from 2014 to 2016, various discussions on subtopics of laws, regulations, roles of the media, and economic democracy are to be continued under the topic titled, “The Expansion of Democracy and its Challenges.”
Oh, Yu Kyung (Research Intern at Seoul National University Asia Center)
Lee, Sung Min (Publicity Assistant at Seoul National University Asia Center)

From left: Huseyin Yigit (Director of Istanbul Cultural Center), Boo, Jwa Hyung (member of 19th National Assembly of Korea), Hasan Hami Yildirim (member of 24th National Assembly of Turkey), Kang, Myungkoo (Director of Seoul National University Asia Center) Kim, Jong Chul (Professor at Yonsei University Law School)

Istanbul Cultural Center Website: http://www.turkey.or.kr/main.php

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