CONFIDENTIAL
Classification
Control:
Date: 14 May 1960 3:00PM
Charge:
SENT TO: SecState WASH 1134 PRIORITY
Ref: Deptel 981
Embassy's comments on points raised in reftel follow:
1) According YI Ho-Jin, Director National Assembly Proceedings Bureau, Assembly may not consider any changes whatever to proposed amendment. Even motion to alter mere wording of amendment cannot be entertained. Only after Assembly has voted to accept or reject proposed constitutional amendment in version formally announced at beginning 30-day waiting period may another constitutional amendment be considered. This wholly new amendment would then be subject, of course, to further 30-day waiting period.
Embassy believes, however, that at present time few Assemblymen appear disposed either to engage in stalling tactics at termination 30-day waiting period or to vote against amendment. In recent conversations with Embassy officers, Liberal, Democratic, and Independent Assemblymen are in agreement that amendment will be passed promptly after termination 30-day period. (Notwithstanding LP Assemblymen's May 13 mass resignation threat, Embassy feels most Liberal Representatives still prepared go along with constitutional amendment.) They appear convinced that public now wishes revision of constitution to provide for cabinet system, and that any delay could arouse popular antagonism which would be most dangerous for those responsible. Other competent observers, including pressmen, have generally reached similar conclusion. Embassy aware, of course, that forces inside and outside Assembly might still create conditions which would make it difficult for Assembly’s basic formula (cabinet system, indirect election President, amendment by incumbent Assemblymen) to succeed. (For example, mass resignation LP Assemblymen, threatened by Liberals May 13 in event alleged Democratic reprisals against LP party members were not halted, would probably effectively destroy prospects for Amendment passage. Embassy, however, inclined consider this threat political move designed discredit DP and arouse sympathy for discomfited Liberals.)
2) Addenda, according YI Ho-jin, are integral part of constitutional amendment and must be accepted or rejected with amendment proper.
3) Addendum 10 states that “the senior member of the State Council... /incumbent/ at time implementation this Constitution shall be regarded as Prime Minister... pending selection of a Prime Minister in accordance with this Constitution.” HUH Chung will in all likelihood be regarded as Prime Minister until new Prime Minister is confirmed by newly elected House of Representatives.
4) Reftel statement that “Lower House specifically given right choose first President after Amendment promulgation” referred to newly-elected Lower House and not to incumbent Assembly. Under addenda to constitutional amendment, newly elected House must choose new president within five days of its initial meeting. President subsequently nominates Prime Minister. Under this arrangement, and in view current public sentiment, as well Rhee’s own public renouncement future political role (Embtel 1090), we believe any real possibility Rhee's election President can be ruled out.
5) In Embtel 1086, Embassy concluded that majority Korean public including students favor amendment constitution to provide for cabinet system and were willing this be done by present Assembly. As suggested in Para 1 above, there no evidence of any basic shift in public opinion in week since this assessment made. Demonstrations by students and others against propriety incumbent Assembly’s amending Constitution have ceased. Press, while criticizing amendment for failing provide adequate safeguards against revival repressive and undemocratic policies, has generally accepted cabinet system as accurate reflection present public feeling adoption such system best way avoid repetition Rhee experience (Embtel 1126). Almost all minor parties and Independents, which could be expected move to take advantage any shift in popular opinion, have accepted Assembly-sponsored arrangement and now appear be thinking and planning in terms mid-summer election for Assembly following passage constitutional amendment.
Development favorable popular attitude toward basic Assembly formula has probably been abetted by recent Assembly action in (1) promptly introducing constitutional amendment (it missed its May 10 target date by only one day), (2) inserting constitutional amendment addendum providing that new election be held within 45 days of amendment promulgation, and (3) moving ahead expeditiously to draft reform legislation designed establish non-political police force, prepare revised National Security Law, amend Local Autonomy Law, and repeal Military Government Ordinances 55 and 88. (Bill to repeal ordinances introduced Assembly May 12. Special committees set up consider other matters.) Effective Assembly follow-through on these reform moves may be expected win greater acceptance for incumbent body as qualified organ to act on amendment and help silence remaining critics of Assembly formula.
On basis all evidence available to Embassy, we believe Korean public opinion considers that constitutional amendment will meet requirements situation and establish sound framework for satisfaction justifiable grievances.
McCONAUGHY
POL: DLRanard
HBSchaffer/cd/mb