Plenary Results
Plenary passes 51 bills including amendment to the Criminal Act
- Sep 25, 2023
- 358
Plenary passes 51 bills including amendment to the Criminal Act
- Amendment to the Child Care Act to prevent anyone from destroying CCTV footage at a childcare center
- Amendment to the Military Service Act to not recognize the service period of persons unlawfully assigned as expert research personnel
The National Assembly passed 55 agenda items, including 51 bills, at the 1st plenary meeting of the 408th extraordinary session, held on July 18. The following are major bills tabled for consideration:
<1> Motion to contribute to support flood victims and affected regions
The plenary passed a motion to raise relief funds from National Assembly members to support recent flood victims and the affected regions.
Serious flood damage has been reported in many regions of the country recently, including a deadly underpass flooding that caused more than 20 casualties. The approved motion is intended to help people swiftly recover from the shock and resume their regular routines.
Speaker of the National Assembly Kim Jin-pyo offered his deepest condolences to everyone involved and urged all parliamentarians, across all parties, to investigate the causes of the disaster and supervisory responsibility.
With the approved motion, the National Assembly members will contribute 3 percent of their monthly wages in July toward the relief fund, to contribute a total of KRW 150 million, together with National Assembly staff.
The 21st National Assembly has delivered donations twice for Covid-19 responses and once for quake-hit regions of Turkey and Syria.
<2> Amendment to the Criminal Act
At present, the act of killing or abandoning an ascendant is subject to a more severe punishment than killing or abandoning others, but a less severe punishment is imposed for infanticide and abandoning a baby. This situation has drawn criticism over the principle of equality.
* A person who kills another person shall be punishable by death, or imprisonment with labor for an indefinite term, or at least five years, while a person who kills his/her own ascendant or any linear ascendant of his/her spouse shall be punishable by death, imprisonment with labor for an indefinite term, or at least seven years. A person who kills a baby, however, shall be punishable by imprisonment with labor for up to 10 years.
A person who abandons another person shall be punishable by imprisonment with labor for up to three years or a fine of up to KRW 5 million, a person who abandons his/her own ascendant or any linear ascendant of his/her spouse shall be punishable by imprisonment with labor for up to 10 years or a fine of up to KRW 15 million, and a person who abandons a baby shall be punishable by imprisonment with labor for up to two years or a fine of KRW 3 million.
The approved amendment strengthens the maximum punishment for a person who kills or abandons a baby to the level of that for a person who kills or abandons another person to protect a baby’s right to life.
<3> Amendment to the Child Care Act
The amendment is intended to supplement the current law by adding a punishment for those who destroy CCTV footage at a childcare center.
At present, every person who has established or operates a childcare center shall take the technical, managerial, and physical measures necessary to ensure safety, such as formulating internal management plans and maintaining access records, to prevent video information from being lost, stolen, leaked, tampered with, or damaged. If CCTV video information is lost, stolen, leaked, tampered with, or damaged, and such measures have not been taken, he/she shall be punishable by imprisonment with labor for up to two years or a fine of up to KRW 20 million.
According to a Supreme Court decision*, however, a person who ‘directly’ damages CCTV video information by deleting or concealing it, shall not be punishable according to the abovementioned articles even though he/she has established or operates a childcare center.
* Supreme Court Decision 2019 do 9044 Decided on March 17, 2022
The approved amendment prohibits anyone from leaking, tampering with, damaging, or losing video information from a CCTV installed at a childcare center. Anyone violating it shall be punishable by imprisonment with labor for up to five years or a fine of up to KRW 50 million.
<4> Amendment to the Military Service Act
For persons assigned to serve as expert research personnel or industrial technical personnel* who are then notified of cancellation of the assignment, service prior to the cancellation shall be nullified under the amended Act.
* Active-duty servicemen or social work personnel are assigned to serve as expert research personnel or industrial technical personnel to conduct research on learning and technology, and engage in relevant research.
At present, a person whose assignment as expert research personnel or industrial technical personnel service has been cancelled shall return to the position they held prior to the assignment and perform their military service for the remaining service period. This means that the service of a person whose assignment has been cancelled for the reason provided is recognized, drawing criticism over transparency in service culture.
Under the amendment, a person who was assigned to the position of expert research personnel or industrial technical personnel through unlawful means, such as bribery and corruption, is mandated to perform their military service for the entire service period for the position they held prior to the assignment.
