CONFIDENTIAL
Classification
Charge:
SENT TO: SecState WASHINGTON 476 ROUTINE
Control:
Date: 17 October 1960 6:15PM
Embtel 452
Legislative and Judiciary Committee placed before plenary session of lower house today final draft of Constitutional Amendment Bill designed to allow passage of retroactive legislation punishing major criminals of Rhee regime. Following signature by one-third of Representatives later in day bill was announced by President Yun, thus beginning 30-day period of public notice before voting in Assembly, at which time two-thirds of members of each house must vote affirmatively for Amendment for it to pass.
Amendment as presented today would allow Assembly: 1) to enact special laws to punish criminals involved in March 15 elections and “those who killed or used violence against people protesting these unjust acts”; 2) to limit civil rights of persons who “committed conspicuous antidemocratic acts by taking advantage of their specific position prior to April 26, 1960”; and 3) to enact special laws to “take administrative or criminal dispositions against those who accumulated wealth by unjust means by taking advantage of position or power before April 26, 1960.” Amendment also allows establishment of special court and prosecution body to try above cases and specifies that special laws enacted pursuant to Amendment may not be amended after enactment.
Earlier drafts of numbered sections 2 and 3 above limited period of applicability to 5 years ending with April 1960 and defined more specifically which acts involving accumulation of wealth were to be included under provisions of the Amendment. Wide coverage of final draft already attacked by Tonga Ilbo editorial today as allowing such broad interpretation as possibly to “seriously hurt honest businessmen who suffered oppression under Rhee regime.” Clause providing for limiting civil rights without reference to any trial also attacked by some legal circles as dangerous. As interpreted by Legislation and Judiciary Committee this morning, clause could be applied to such notorious events of past as December 24 1958, incident and 1950 forced passage of Constitutional Amendment creating Presidential system.
COMMENT: Speed with which necessary sponsoring signatures obtained would appear to indicate little difficulty to be expected in securing passage of Amendment. Probability is that opponents of broad interpretation allowed by draft Amendment will fight issue during drafting of implementing legislation rather than face political consequences of defeating Amendment. Drafting of legislation will not have crisis pressures behind it due to waiting period before Amendment vote and this should allow fuller and calmer discussion of issues than possible during past week.
GREEN
POL: DLRanard
RGRichJr/cd