CONFIDENTIAL
Classification
Control:
Date: 28 Nov 1960 6:15 PM
Charge:
SENT TO: SecState WASHINGTON 644 ROUTINE
RPT INFO: CINCPAC 155 ROUTINE
CINCPAC for POLAD
REF: Embtel 642
House of Councillors today passed Constitutional Amendment designed to enable enactment of ex post facto legislation to punish offenses of Rhee regime by vote of 44 to 3 out of 52 Councillors present and voting (3 abstentions, 2 invalid votes). Sole negative votes were cast by ex-Liberals O Bum-su, PAK Ch’ol-ung and KANG Kyung-ok but most other Councillors who might be affected by draft bill on limitation of civil rights (including HC President L. George PAIK) voted for Amendment.
Collapse of efforts to delay and possibly defeat Constitutional Amendment followed weekend of intense negotiations between various political factions. Of these, probably most significant was Prime Minister CHANG’s meeting with upper house leaders from each negotiating group November 26 following HC failure to vote on Amendment as scheduled (see reftel). Chang reportedly promised solons that he would insure that DP would moderate provisions of draft legislation limiting civil rights, particularly as it affected incumbent Assemblymen, and Justice Minister CHO Chae-ch’on promised that Government would show leniency in application of revolutionary laws. These assurances, coupled with torrent of condemnation in press for obstructing passage of Constitutional Amendment, apparently persuaded recalcitrant Councillors to support passage of bill. Press reaction to HC delay of Amendment typified by Tonga Ilbo condemnation of upper house as “superfluous” and “insincere” body which, if it continued defer action on Amendment, would “have to take full responsibility for any political chaos that ensues.”
Debate continued in lower house today on Civil Rights Restriction bill but views presented so varied that final outline of bill still very uncertain. Nevertheless, Prime Minister’s commitment and positions of other key DP and NDP leaders indicate that at least some moderating changes will be made when lower house begins voting on amendments to committee draft (probably November 29).
COMMENT: Prime Minister Chang had expressed his apprehension to the Ambassador on morning of November 26 that defeat of Constitutional Amendment would likely precipitate an extreme public reaction leading to greater political instability. Chang’s action in meeting with upper house solons probably due in large part to such considerations. Final passage Amendment removes most immediate source of such public reaction. Although some groups will oppose any amelioration of implementing legislation it seems probable that Assembly can make someoderating changes and pass legislation without further crisis.
McCONAUGHY
POL: EHulen
RGRich: Jr.: cv