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Inspection and Investigation of State Administration
Inspection and Investigation of State Administration
- The National Assembly shall determine how the state is administered through the inspection and investigation process; collecting data necessary for law enactment and budget examination; identifying and correcting flaws in state administration so it can efficiently perform its function to enact bills, examine budget bills, and oversee state administration.
- State Inspection: As the power to inspect state affairs was resuscitated in 1988 under the 9th amendment to the Constitution, the National Assembly shall carry out an inspection of state affairs before the convocation of each year's regular session for no more than 30 days (With a resolution of the plenary session, it can be held during the regular session).
- State Investigation: At the request of no less than a quarter of the registered members, a Special Committee or Standing Committee shall investigate specific matters
Process for inspection & investigation of state affairs
Power to Organize Constitutional Institutions
The National Assembly has the power to approve the appointment of the Chief Justice of the Supreme Court, the President of the Constitutional Court, the Prime Minister, the Chairperson of the Board of Audit and Inspection, and the justices of the Supreme Court; and to elect three justices of the Constitutional Court and three commissioners of the National Election Commission.
Impeachment Power
- In cases where the President, the Prime Minister, members of the State Council, heads of Executive Ministries, Justices of the Constitutional Court, judges and members of the National Election Commission, members of the Board of Audit and Inspection or other public officials designated by law have violated the Constitution or other laws in the course of performing their official duties, the National Assembly may pass motions for their impeachment.
- A motion for impeachment shall be proposed by one-third or more of the registered members of the National Assembly, and passed by a concurring vote of a majority of the members. For the President, it shall be proposed by a majority of the registered members, and passed by concurring votes of two-thirds or more of the members.
- Any person against whom a motion for impeachment has been passed shall be suspended from exercising his or her power until the impeachment has been adjudicated.
- A decision on impeachment shall not extend further than removal from public office. However, impeached persons are not exempt from further civil or criminal liability.
Other Powers
- Power to approve emergency orders and emergency financial and economic action or Presidential orders
When the President takes actions or issues orders, he or she shall submit these for approval by the National Assembly.
If the National Assembly votes against them, such actions or orders shall immediately become null and void.
- Power to request the termination of martial law
When the National Assembly requests the termination of martial law with the concurring vote of a majority of the registered members, the President shall comply.
- Power to consent to Presidential granting of general amnesty
The National Assembly has the power to consent to the President¡¯s granting a general amnesty to prevent the President from abusing the power to grant a general amnesty.
- Power to consent to declaration of war, the dispatch of armed force to foreign states or the stationing of foreign forces in the territory of the Republic of Korea
- Power to pass a recommendation for the removal of the Prime Minister or a member of the State Council from office
The attendance of one-third or more of the registered members, and the concurring vote of a majority of the registered members, are necessary for decisions of the National Assembly to remove the Prime Minister or a member of the State Council.
- Power to request the Prime Minister, members of the State Council, or government commissioners to attend meetings of the National Assembly and answer questions