Modern Korean Society October 29, 2019 Clark W. Sorensen z Top Down Democracy in z >Eric Mobrand, Seoul National University

§ Democracy in Korea ≠ Democracy limited to Korea

§ About democracy itself

§ About Korea, too

§ Top Down Democracy in South Koreaà “Unable to articulate their frustration through institutions, citizens take to the streets . . . . The rights to speak and organize provide fertile ground for an active civil society but not for political associations that connect citizens to elected leaders.” p4 z Politicians

§ Politicians are “masters independent of civil society” rather than representatives of constituents’ desires

§ Important phrase here is civil society

§ Civil society = the public sphere that operates autonomously from the state, family, (and church in countries with established churches) by which people spontaneously organize themselves for their common interests—free press, coffee houses, NGOs, unions

§ Contrasts with state corporatism where the state organizes, sponsors, funds, subsidizes, mobilizes and controls corporatist groups (think Moon’s AMOS— administered mass organizations)

§ In many theories of democratization the creation of civil society is seen as a crucial factor enabling democracy, but notice here that Mobrand is arguing that South Korean politicians are autonomous from civil society z Political Parties

§ Theoretical function of political parties in democracies

§ Nominate candidates for elective office who reflect the concerns of their constituents

§ They are the mechanism through which the ”will of the people” is aggregated and brought to political power

§ Stable democracies have stable political parties that compete for power

§ South Korea

§ Parties collapse and reform regularly

§ They have few members, offer few chances for participation, and are poor aggregators of mass interests z Conventional Democratization Narrative

§ 4.16 (1960) Student Revolution understood as the beginning of Korea’s “bottom up” democracy movement

§ Park declared his coup in 1961 continued the ”April Revolution”

§ 5.18 (1980) Kwangju Uprising has been christened the ”Kwangju Democratization Movement”

§ June 1987 dubbed the “June Democracy Movement”

§ These terms locate the agency of democratization in bottom up “people power” or democratic struggle z Mobrand’s Revisionism

§ At each major juncture in Korea’s political development, the political elite has co-opted the reform process

§ The political elite has maneuvered to address mass concerns, but also to limit mass influence

§ The elite decry many forms of political speech as “illicit influence” that can contaminate proper politics

§ Political elites, that is, engage in “election management” rather than constituent representation z Explanations for Korean politics

§ Structural

§ Civil society has not advanced enough to foster democracy

§ Cultural

§ Authoritarian political culture based on Confucian notions of hierarchy and loyalty causes incomplete democratization

§ Cold War politics

§ US put in conservative leaders 1945-8 who excluded labor, and then the Cold War confrontation with North Korea perpetuated this

§ (Mobrand favors a modified version of this approach) z Three Key Election Management Tools

§ Pass laws that raise barriers to entry for candidates

§ Especially progressives, local candidates, and independents

§ Appeal to regional sentiment without making policy appeals

§ Southwest (Yŏngnam) versus Southeast (Honam)

§ Party leaders tightly control party nomination process

§ Parties are collections of national leaders, not of members z Regional Patterning in 2012 (Park Kunhye) and 2017 (Mun Jae-in) z New Timeline

§ 1948 truncated political sphere originally set up

§ 1958 restrictive election law first formulated

§ 1963 consolidation of electoral governance

§ 1994 revision of electoral law z Key Korean elite fears in democracy

§ Judges, legislators, and election share an ethos (set of values)

§ Excessive competition (지나친 경쟁)

§ Makes management of elections and preventing outbreaks of illegal behavior difficult

§ Overheated elections (과열선거)

§ Acrimony and costly campaigns z The Road to Election Management

§ USAMGIK registration of political parties

§ First Republic

§ Candidates must register, and activities permitted before and after registration are distinguished § National Security Law 치안유지법 from 1948 outlawed “undermining the state” and supporting communism

§ Direct election of president from 1952

§ Progressive Party Challenge of 1956 when Cho Pongam received 30% of the vote

§ He was later accused of being a North Korean agent and executed z 1958 Election Law

§ Negotiated between Liberal Party (Chayudang) and Democratic Party (Minjudang) excluding the Progressive Party (Chinbodang)

§ Campaigning made a distinct, regulated activity

§ Short campaign period designated (that thus favored incumbents)

§ Only official campaigners and candidate’s office staff allowed to campaign

§ Effect—barriers to entry limited independent candidates and minor or new parties entrenching the Liberals as the governing party (yŏdang 與 黨), and the Democratic Party as the opposition (yadang 野黨) z Second Republic

§ Followed “April Student Democratic Revolution” (1960)

§ Revised constitution

§ Legislature elected the president

§ Created Constitutional Court

§ Allowed abolition of political parties by law if they threaten the “basic democratic order” (minjujŏk kibon chilsŏ), and the Constitutional Court agrees z Third Republic

§ Established after Park Chung Hee stepped down from military junta and ran for President as a civilian

§ Park was under strong pressure from the US to restore democracy

§ Round up of ”illicit profiteers” (pujŏng ch’ukchaeja) gave the junta legitimacy as the “May 16th Revolution”

§ 1963 Election Reform designed to curb corruption of the First Republic and established guidelines that are still important

§ Administered by a beefed up Central Election Management Commission (CEMC) z 1963 Political Parties Act

§ Features discouraging local organizing

§ Local government appointed

§ Electoral districts over 100,000 people, larger than natural administrative units (3-4 counties in rural areas), and electoral offices had to be set up according to these districts

§ Brief campaign period, door-to-door campaigning prohibited, number of length of speeches limited and regulated, types and quantity of printed material regulated

§ Features encouraging national coordination

§ Independent candidates prohibited

§ Parties had to be national with headquarters in Seoul, have branches in at least five provinces, and contest at least 30% of the National Assembly seats

§ Proportional representation gave a least half of the appointed seats to winning party (today 245 elected seats and 54 proportional based on party vote) z Result of 1963 Election Law

§ Ruling party (yŏdang) could control the legislature with less than 50% of the vote

§ Democratic Republican Party = Minju Konghwadang (Park), = Minju Chŏngŭidang (Chun)

§ Opposition party (yadang) got representation proportional to its vote

§ New People’s Party (Sinmindang)

§ Conservative party without a mass base

§ Cooperation between ruling party and opposition party prevented new parties from entering the arena z Ruling Parties

§ Democratic Republican Party/Democratic Justice Party

§ Contested elections, but otherwise did not organize people

§ Cabinet wrote laws and presidential decree the most frequent law- making procedure

§ State agencies mobilized people in corporatist fashion (Moon’s AMOS)

§ Military, National Agricultural Cooperative Federation, New Village Movement

§ Financed by kickbacks from government licencing

§ One third of the national assembly appointed by President after Yusin (1972) z Cosmopolitan influences on Constitution

§ US contribution

§ Need procedural democracy (elections, degree of freedom of speech and assembly), and have to be anti-communist

§ Prewar Japanese contribution

§ Minute regulations on campaigning

§ West German example

§ Constitutional Court

§ Party cancellation clause

§ Separate political parties act z Chaeya 재야 在野

§ Chaeya (“in the wilderness”) = opposition voices left out of the electoral process, or “nonparty non-interest group, extraparliamentary movement”

§ Protests, petitions

§ Held together by minjung ideology that ”sought to find a Korean subjectivity that had been lost in colonial subjugation” on top of which came post-WWII American influence

§ Some emphasized class struggle

§ Others emphasized unification

§ Distrust of authority kept them out of electoral politics in belief that “moral integrity, partisan neutrality, and intellectual independence” would win the day

§ Democratic party candidates Kim Young Sam and Kim Dae Jung formed coalitions with chaeya at times z 1987 Transition

§ Spike of demonstrations for democracy peaked in June 1987 in the year leading up to the 1988 Olympics

§ Rho Tae Woo’s June 29th Declaration

§ Direct election of the president

§ Freedom of speech, assembly, and union organization

§ Single-seat constituencies with proportional representation for the parties z Revising the 5th Republic Constitution

§ Negotiated by 8-member committee

§ 4 from Democratic Justice Party (민주정의당)

§ Ruling party

§ 4 from Unified Democratic Party (통일민주당)

§ Coalition of New Korea and Democratic Party with Kim Young Sam and Kim Daejung (later merged into the New Democratic Republican Party with Kim Dae Jung splitting off into the Peace Democratic Party)

§ No chaeya forces were represented

§ October 1987 passed by referendum z Content of 1987 Constitution

§ Direct election of the president reverted the system back to the 3rd Republic presidential system

§ 2-seat constituencies (top two candidates elected) replaced by single seat (again like 3rd Republic), but constituencies still too large for local organizing

§ At large seats allocated to parties based on their proportion of the total vote

§ This discourages independent candidates because voting for an independent means you opt out of a vote on at-large seats

§ Restrictions on campaigning remained in place

§ 14 day campaign period for National Assembly, 23 days for president z Chaeya Activist Response to 1987 Constitution

§ 1—Work within the “conservative opposition” (posu yadang) such as Kim Young Sam and Kim Dae Jung

§ 2—Try to build alternative parties

§ Several attempts have been abortive

§ 3—Avoid electoral institutions and continue “the movement” outside electoral and party politics

§ Result—(Mobrand) few new voices were brought into the electoral process

§ But others have pointed to the recruitment of the “386 generation” into the government under Kim Dae Jung, Rho Mu-hyun, and Mun Jae-in z Central Election Management Commission

§ Official English translation, “National Election Commission” but Korean is 중앙선서관리위원회 中央選舉管理委員會

§ Selected by President, National Assembly, and Supreme Court [co- equal branches of government—Constitutional Court substitutes for Supreme court in cases of impeachment or dissolution of political parties]

§ Focus on “fair elections” 공명선거—i.e. “quality of elections comes from their proceeding as controlled, bureaucratic exercises, not from their participation in a participatory, competitive system of representation.” p57

§ Continuity in personnel and attitudes before and after 1987 z Example of 1989 Tonghae Election

§ Irregularities cited by the CEMC

§ “excessive intrusion by central parties, making an overheated election atmosphere, a deluge of illegal propaganda materials, provision of money and goods, illegal street broadcasts, the appearance of violent incidents, and illegal large-scale rallies disguised as party unification meetings, and other activities that broke or evaded the law.” quote on page 58

§ Subsequent expansion of CEMC and large-scale monitoring of elections

§ Mobrand’s criticism “instead of being a body that inspired competition, the commission patrolled politics to find illicit participation.”

§ Conflict and competition must be tamped down, and campaigning outside campaign periods vigilantly stamped out z Taiwan Comparison

§ In Taiwan the Nationalist Party (KMT) had a Leninist party structure

§ Local party cells in all institutions

§ Massive bureaucracy

§ Patronage through state-owned industry

§ Dominated by Mandarin-speaking refugees from the mainland

§ “Deauthoritarianization” involved the creation of new political parties that tapped into participation by native Taiwanese (Democratic Progressive Party)

§ New parties linked civil society to the political process so things like the demands of labor could be handled through the political process