CONFIDENTIAL
NO. 433
FROM: SEOUL
DATE: NOVEMBER 29, 1954
RECD: NOVEMBER 30, 8:35 AM
Priority sent Department 626 repeated information Tokyo 433, November 29, 8 PM.
Tokyo pass 6INCUNC, CG AFFE/Army 8 and CAG.
Reference Embassy telegram 623 repeated Tokyo 431.
Following failure Constitutional amendments Bill reported reference Telegram ROK Cabinet held emergency meeting Saturday evening at which Rhee according reliable reports exhibited fury over Bill's failure which he attributed to Liberal Party Assemble leaders who permitted package vote instead of item by item vote as desired by him. At this time both Assembly leaders and Administration apparently considered Bill had failed, as it had always been assumed in all quarters that 136 was 2-3rds majority required by Constitution for passage Constitutional amendments.
On November 28 OPI Director Karl released statement (TWX dating 281130Z) that Government considered Bill as passed Assembly. Karl stated that 2-3rds of 202 is 135.33 and since Korea lacks precedent for counting fractional vote 135 was required majority. As ROK Constitution clearly provides that 2-3rds or more votes are required to pass amendments it is obvious Government's statement was cut from whole cloth. Yesterday and today LP has also distributed handbills and posters widely about city with same argumentation.
At today's Assembly meeting Vice Speaker Ch Oe Sun-Chu, who presided at Saturday' vote, was attacked on platform and beaten by ICA man when he announced that Assembly Journal should be amended to correct his Saturday declaration that amendments failed. Attack on Ch Oe was followed by general melee in which some 15 Assemblymen from all Parties staged 20 minute brawl on Assembly platform. When some form of order was restored Kwak Song-Hun, Independent Voce Speaker, challenged Ch Oe Sun-Chu on his attempted correction, following which Chough Pyung-Ok, DNP, verbally attacked LP for distribution handbills and posters and then led walkout all DNP, ICA members and other Independents with exception Kang Sae-Hyung. With only 1 Independent, Kang, and Liberals present Assembly then agreed by Unanimous hand vote to correct Saturday's Journal to effect amendments accepted.
Not yet clear whay opposition-independents may attempt in response this dictatorial perversion of Constitution by Government and LP. Since most weapons in any showdown are on side of Government there may be little effective action they can take. Indefinite boycott of Assembly while having no practical effect on Assembly proceedings could constitute embarrassing demonstration to world of way in which Rhee has flouted democratic procedures. On other hand it would deprive them of useful forum for expressing criticism of Government. With amendments in effect permitting greater use of "popular" method of Governmental decision-making we can probably anticipate increased developments of organizations which have in past so effectively mobilized "will of people" for Government's purposes. This may mean return to harsher leadership of Administration forces of sort employed by racial youth corps during and after 1952 crises. Events of next days and weeks should indicate whether President will tolerate open criticism of his action on amendments Bill or whether there will be greater repression of opposition leaders, using issues such as "third force" which have conveniently been manufactured in recent weeks.
BRIGGS
8 copies/wej
