Apartment complexes and the Sejong government complex in Sejong on Sept. 3NEWS1
The National Assembly on Wednesday flagged constitutional, security and budgetary risks in the government and ruling party’s push to designate Sejong as Korea’s administrative capital by law.
The review by the Land Infrastructure and Transport Committee noted that the proposed relocation of the presidential office and parliament could clash with an earlier Constitutional Court decision that deemed the transfer of the capital unconstitutional. The committee also called for a thorough review of the relocation of the foreign affairs and defense ministries and the ramifications for state finances.
The committee examined five bills seeking to establish Sejong as the administrative capital by law, along with five amendments to a 2005 special act that laid the groundwork for an administrative city in Sejong. The five bills — all aimed at formally designating Sejong as Korea’s administrative capital and relocating key constitutional institutions, including the presidential office and National Assembly — have yet to pass the legislature.
The most contentious issue is the possibility that the legislation could be struck down as unconstitutional. In a landmark 2004 ruling, the Constitutional Court invalidated a special law to establish a new administrative capital. The justices found that Seoul’s status as the capital was protected by customary constitutional law, which means that any relocation would require a constitutional amendment.
The implication is that moving the National Assembly and presidential office could be considered a relocation of the capital, not simply a relocation of government offices.
“Whether the proposed law constitutes repeated legislation and whether the Constitutional Court could overturn its previous ruling may become key issues,” the committee’s staff said. The questions are whether lawmakers can reintroduce provisions similar to those invalidated on constitutional grounds and whether the court could depart from its earlier judgment after more than two decades.
Questions have also emerged over legal continuity. The proposed special act would repeal the existing 2005 law and take over the legal framework governing Sejong’s construction and management, which could jeopardize the city’s existing development and management system if the Constitutional Court subsequently strikes down parts of the new law. The staff called for clearer rules governing the transition between the two laws to ensure legal continuity.
Relocating the ministries responsible for diplomacy and national security presents another challenge. Under current law, the ministries of foreign affairs, unification and national defense are not included in entities that can move to Sejong, but the government and ruling party are pursuing legislation to mandate their relocation.
A directory board at a building near the Sejong government complex shows that all office spaces on the third through sixth floors are vacant on Oct. 14.YONHAP
“These ministries perform functions closely tied to national security and foreign relations,” the parliamentary committee's panel of experts said. “Their operational coordination with the president and other relevant agencies requires closer examination.”
The proposed legislation has also raised questions about public spending. Under the existing law, state expenditures on government complexes and regional transportation networks are capped at 8.5 trillion won ($6.3 billion) in constant 2003 prices. The ceiling would be worth approximately 18.4 trillion won at current rates.
The proposed bills, however, contain no such spending cap. “Lawmakers should also consider recalculating the ceiling on government spending,” the committee’s panel said.
The government and the Democratic Party doubled down on the push to pass the act to designate Sejong as the administrative capital during a government-party meeting on Wednesday.
However, the concerns raised by the parliamentary review suggest the legislation could face a contentious path ahead.
“The constitutional dispute and plans to relocate foreign affairs and security-related ministries will be among the key issues,” a source from the parliamentary committee said.
This article was originally written in Korean and translated by a bilingual reporter with the help of generative AI tools. It was then edited by a native English-speaking editor. All AI-assisted translations are reviewed and refined by our newsroom.
