There needs to be a close examination, as part of the task to search for proper measures for Korean reunification in a constitutional framework, of alternative forms of government that would serve better for a unified Korea, given that the unified sta...
There needs to be a close examination, as part of the task to search for proper measures for Korean reunification in a constitutional framework, of alternative forms of government that would serve better for a unified Korea, given that the unified state is to be built on a reunification constitution drawn up by the collective political will of all the members of the Korean nation in the south, in the north and abroad. Nevertheless, much of the existing domestic literature on possible forms of government for the unified state seems to have been mainly concerned with presidentialism, parliamentarism, or semi-presidentialism, under the absurd assumption that the constitution of the Republic of Korea will be imposed on the Democratic People's Republic of Korea. It is neither possible nor desirable, however, for either side of Korea to subjugate the other under the rule of its own by any means available. Moreover, not one of the above-mentioned forms of government can be regarded as a suitable one for the unified state since they are, in themselves, a power structure mostly based on the rule of majority, which will only be destructive of any prospect of bringing the two sides together.
Presidential systems not only allow winners in presidential elections to monopolize the executive branch but also call for ‘undivided majorities’ to avoid political paralysis and stalemate in a divided government. Parliamentary systems, on the other hand, are essentially majoritarian in that the cabinet, usually composed of members of one party or a coalition of parties representing a narrow majority in parliament, depends on the confidence of parliament in order to gain and remain in power. In semi-presidential systems, as in parliamentary ones, there are both a prime minister dependent on parliamentary support and a president. But unlike the parliamentary systems, the president is directly elected by universal suffrage and wields considerable power. If the presidential majority coincides with an absolute parliamentary majority and the president is the leader of the majority, the system gravitates towards presidentialism. When the two majorities do not match, the balance tilts towards the prime minister. In neither case are the president and prime minister symmetrical in their respective influence over the executive and legislative branches.
The unified state would be a segmented society, with the south having a two-to-one advantage over the north in population(voters), where respective vital interests of two population groups with opposing social systems are pitted against each other. Those three systems of government, when adopted upon reunification, would thus be strongly inclined towards majoritarian government that favors one side(the south, when considering the advantage in number of voters) while condemning the other(the north) to the status of a permanent minority. It is totally unacceptable and inconsistent with the primary meaning of democracy when a constituent people of the segmented society is denied, for its numerical minority status, the chance to participate in making political decisions that affect them. It is then just a majoritarian system that merely lets a majority have its way and, as such, ‘majoritarian democracy’ is a sheer contradiction.
The Swiss form of government is distinct from both parliamentary and presidential systems since the Federal Assembly does not dismiss the seven-member Federal Council while the latter is elected to a fixed term by the former. The executive college, though not strictly of a directorial system, is corporately responsible, with the seven members having equal status. The Swiss system of collegiality may well be a reference to a workable model of ‘consociational democracy’, where segmental groups in a society share the executive power in a grand coalition and where social conflicts are resolved not by majority decisions but through compromise and bargaining between the organized groups.
Federalism offers an especially effective way to implement segmental autonomy of the north and the south within the unified state because autonomy on a territorial basis can be constitutionally guaranteed in a federal polity while, as Johan Galtung pointed out earlier, a unitary state is hardly realistic for the short term given the stark difference in social systems of the two sides. In a unified federal state, it stands to reason, in view of the need for executive power-sharing between the two sides, to have a collegial executive in which authority and responsibility are vested equally among colleagues who are elected to a fixed term by a federal assembly. Unanimity should be sought for any decision to be made by the collegial executive of five or seven members, two or three of whom should come from the north. It is desirable for the federal lower house, represented by population, and the federal upper house, represented by both sides equally, to be symmetrical in their legislative powers so that all legislation will require the approval of both chambers of the federal parliament. Each decision in both chambers should be taken by a majority of those present, on the condition that the dissenting votes do not include two-thirds or more of either side in each chamber. An absolute majority of both sides in each chamber should be required for decision on matters of vital interest to either side.
The collegial executive in the unified federal state is a government by ‘concurrent majority’ where political decision-makers deliberate about the common good, in contrast to a government by numerical majority that comes with ceaseless competition and exclusive decision-making. The collegial government is not to be swayed, during the fixed term of office, by anyone representing a ‘particular will’, whether it be a president under (semi-)presidentialism or any parliamentary majority under parliamentarism. This is the reason why the collegial system of government as in Switzerland would be more compatible than other forms of government with the unified state. It is more consistent with the primary meaning of democracy by letting all segmental groups participate in making the decisions that bind them, thereby maximizing the size of the majority achieved. The goal of constructing such a federal government based on collegiality to overarch two highly autonomous regional governments in south and north may facilitate the process of unification by negotiation, during which the two sides of Korea recognize and respect each other’s social systems, settling any disputes arising between them peacefully through dialogue and negotiation.