Rounding-off Constitutional Amendment

Overview

The Rounding-off Constitutional Amendment was the second constitutional revision, pushed in the 3rd National Assembly in 1954 to enable President Syngman Rhee to serve a third term. In the vote on November 27, 1954, the amendment fell one vote short of the quorum for constitutional amendment and was declared rejected. However, the Liberal Party argued that two-thirds of the 203 members of the National Assembly, which is 135.333…, could be rounded (sasaoip, "rounding off") to 135. On the basis of this argument, it reversed the declaration of rejection two days later, on November 29, and proclaimed the amendment passed.

Background

The 1952 Emergency Measures Constitutional Amendment introduced the direct popular election of the president, and Rhee was re-elected in the election of August 5 of that year. The constitution at the time set the presidential term at four years and allowed only one re-election, so for Rhee to run again in 1956, this provision had to be changed. In the National Assembly election of May 20, 1954, the Liberal Party nominated candidates who pledged support for the amendment, gained a majority of seats, and drew in independent members.

The core of the amendment prepared by the Liberal Party was that the term limit would not apply to "the president at the time this constitution is promulgated." It also included the creation of a referendum system, the abolition of the prime minister system, the abolition of the collective responsibility system of the State Council, and the succession of the vice president to the presidency in case of the president's incapacity. The amendment was signed by 136 members, including Liberal Party members (excluding Kim Doo-han) and independent members, and was submitted to the National Assembly on November 18.

Course of Events

The result of the secret ballot on November 27 was 135 votes in favor, 60 against, and 7 abstentions, out of 203 members registered and 202 present. Two-thirds of the registered members required for amendment was 136 votes, so the amendment was one vote short. Chairman Choi Soon-joo, the Deputy Speaker of the National Assembly presiding over the session, declared the amendment rejected.

However, the Liberal Party's executive council argued that two-thirds of 203 is 135.333…, and since a fraction of a person cannot exist, rounding it off yields 135 as the quorum. On November 28, the Liberal Party adopted this argument as its official party position at a party caucus, and on November 29, at a plenary session, while opposition members walked out in protest, passed a motion to cancel the declaration of rejection and correct it to passage. According to the Encyclopedia of Korean Culture, 123 of the 125 members present, excluding Kim Doo-han and Min Kwan-sik, agreed. The government promulgated the revised constitution on the same day.

Problems of the Amendment

Scholars regard this amendment as effectively unconstitutional. First, the quorum should be rounded up, not down, to 136, since the fractional part must be carried up. Second, lifting the term limit only for a specific individual was incompatible with democratic principles. Third, it overturned an announced voting result without any legitimate basis.