Right to Propose and Decide upon Amendments to the Constitution

Amendments to the Constitution

Amending the Constitution shall refer to making a change in the form or content of the Constitution by modifying or deleting a certain article or paragraph or by adding a new article or paragraph through lawful procedures as provided in the Constitution. The National Assembly shall exercise the right to propose or submit a resolution on an amendment to the Constitution, to increase the possibility of building consensus among the public on such amendment.

Procedure for amending the Constitution

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Proposition

By majority of the registered members

By the President

Publication

To be presented to the public by the President no less than 20 days

60 Days

Resolution

By concurring votes of 2/3 or more of the registered members

30 Days

Referendum

By majority of eligible voters

Immediately

Promulgation

By the President

Right to Enact and Amend Law

Since a law-governed country is run according to law, the most essential power of the National Assembly is to enact, amend, and abolish laws.

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10 or more of the Members Bill introduction

Government Sub mission

• Speaker Reference
• Committee Presentation
• Legislation and Judiciary Committee (Examination of Legality & Wording
• Plenary Session Transfer
• President
• Promulgation
• Veto

Right to Consent to the Conclusion and Ratification of Treaties

• Since treaties have the same effect as domestic laws of the Republic of Korea, and since they can significantly affect the rights and duties of the people and the country’s finance, the National Assembly shall exercise the right to consent to the conclusion and ratification of a treaty, to build consensus among the public on the treaty.
• The National Assembly shall have the right to consent to the conclusion and ratification of treaties pertaining to mutual assistance or mutual security; treaties concerning important international organizations; treaties of friendship, trade and navigation; treaties pertaining to any restriction in sovereignty; peace treaties; treaties which will burden the State or people with an important financial obligation; and treaties related to legislative matters.

Deliberation on Budget Bills

The government budget refers to the preliminary financial plan on the government's revenue and expenditures for each fiscal year. A budget bill is drawn up based on tax revenues, and its huge scope and various functions have significant implications on the nation's economy. The National Assembly's deliberations and decisions on the budget bill entail a process aimed to reflect public opinion and to improve the efficiency and quality of fiscal operations through effective oversight.

Budget bill deliberation process

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1. Introduction
2. Reference
3. Speech by the grovemment on Budget
4. Pre-examination by the relevant standing committee
5. Comperhensive examination by the Special Cmmitee on Budget and Accounts
6. Deliberation and decision at the Plenary Session

Deliberation on the Settlement of Accounts

The settlement of accounts refers to the settlement of government revenues and expenditures for each fiscal year as indicated in numeric terms, through which the National Assembly decide who shall be held accountable for the implementation of the budget, while providing essential data for future fiscal plans and their implementation.

Procedure for deliberating the settlement of accounts

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Introduction

Reference

1. Pre-examination by the relevant standing committee
2. Comperhensive examination by the Special Cmmitee on Budget and Accounts
3. Deliberation and decision at the Plenary Session
4. Request for the correction of any illegal or unjust matters
5. Debriefing on the correction results

Deliberation on Funds

Funds shall be established in accordance with law, when the state needs to operate certain funds for a particular purpose, and shall be operated separately from the budget revenue and expenditure. The National Assembly shall have the right to examine bills on funds and the settlement of fund accounts thereof.

Procedure for deliberating funds

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1. Introduction
2. Reference
3. Pre-examination by the relevant standing committee
4. Comperhensive examination by the Special Cmmitee on Budget and Accounts
5. Deliberation and decision at the Plenary Session

Legislative Power to Finance

Types and rates of taxes shall be determined by law as provided in the Constitution, as well as taxable items, tax bases, taxpayers and ceilings on tax liability.

Other Powers

Right to Decide upon Continuing Expenditure

In case that the government needs to execute a portion of its spending beyond the end of one fiscal year, it shall gain the con-sent of the NationalAssembly for the continuing expenditure with a set term of years (no more than five years).

Right to Approve Spending from Reserve Funds

The government shall gain the approval of the National Assembly for the total amount it plans to spend from the reserve fund. For the specifics, the next National Assembly shall decide upon their approval.

Right to Consent to Government Bonds

The government shall issue government bonds to supplement tax revenue under the consent of the National Assembly.

Right to Consent to Government Contracts with Possible Burden to the Treasury

Apart from budgets, the government shall gain the consent of the National Assembly in advance in case it plans to sign a contract (including those under private law) that may impose a burden on the national treasury.

Inspection and Investigation of State Administration

Right to inspect and investigate state affairs

• The National Assembly shall determine the status of state administration through an inspection and investigation process; by collecting data necessary for law enactment and budget examination; and by identifying and correcting flaws in state administration so that it can efficiently perform its functions of passing laws, examining budget bills, and overseeing state administration.
• With the authority to inspect state affairs resurrected in 1988 under the 9th amendment to the Constitution, the National Assembly shall conduct an inspection of state affairs prior to the convocation of each year’s regular session for up to 30 days (If the assembly adopts a resolution at the plenary session, it can be held during the regular session).
• An investigation of specific matters shall be carried out by a Special Committee or a Standing Committee upon the request of at least one quarter of all members on the register.

State Inspection·State Investigation Procedure Open State Inspection·State Investigation Procedure Close

State Inspection Procedure

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State Investigation Procedure

Power to Organize Constitutional Institutions

The National Assembly has the authority 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

Persons subject to impeachment

• The President, Prime Minister, Members of the State Council, or Ministers;
• Justices of the Constitutional Court, judges, Commissioners of the National Election Commission;
• Chairperson and Commissioners of the Board of Audit and Inspection; or
• Other public officials as prescribed by relevant statutes.

Reason for impeachment

• When any of the above-mentioned public officials violate the Constitution or statutes during the course of execution of his/her duties;
  Private matters that do not concern his/her duties, and an act before or after taking office are excluded. But an act taken in the course of execution of his/her duties and when the appointing authorities change his/her position shall be included.
  In such cases, statutes include treaties with the same effect as laws, and orders relating to emergency financial and economic actions.
• An unlawful act is not excusable by a lack of intention or a mistake, and ignorance of the law is also not a valid excuse.
• Unlike the recommendation bill for removal from office, political incompetence and a mistake in decision making are excluded.

Procedure for impeachmen

• Institution of impeachment
  A motion for impeachment requires proposal by at least one-third of National Assembly members on the register and shall be passed through the concurring votes of a majority of members.
  For the President, the motion shall require proposal by a majority of members on the register, and shall be passed through the concurring votes of at least two-thirds of members.
• Adjudication on impeachment
  The Constitutional Court makes a decision on impeachment through the concurring votes of at least six justices.

Effect of institution of impeachment

• Any person against whom a motion for impeachment has been passed shall be suspended from exercising his/her powers until the impeachment has been adjudicated.
• A decision on impeachment shall not extend beyond removal from public office. However, impeached persons are not exempt from civil or criminal liability.

Other Powers

Power to approve emergency orders, and emergency financial and economic actions or orders by the President

• When the President takes actions or issues orders, he/she shall submit them 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 termination of martial law

• When the National Assembly requests termination of martial law through the concurring votes of a majority of members on the register, the President shall comply.

Power to consent to a Presidential granting of general amnesty

• The National Assembly has the authority to consent to the President’s granting of a general amnesty to prevent the President from abuse of his/her power.

Power to consent to declaration of war, dispatch of armed forces to foreign states, and stationing of foreign forces within the territory of the Republic of Korea

Power to pass a recommendation for the removal from office of the Prime Minister or a member of the State Council

• The National Assembly may pass a recommendation for the removal from office of the Prime Minister or a State Council member. A recommendation for removal shall be introduced through at least one-third of members on the register and shall be passed through the concurring votes of a majority of members on the register.
• The power shall not be legally binding and thus shall not affect the President’s act of removal.

Power to request that the Prime Minister, members of the State Council, or government delegates attend meetings of the National Assembly and answer questions

Visits by key foreign dignitaries

The National Assembly extends official invitations to parliamentary members and staff of foreign countries to visit Korea to promote mutual understanding and enhance the country’s image across diverse fields including politics, culture, and the economy.

Official visits by parliamentary leadership and members

National Assembly delegations visit other countries to expand the base for inter-parliamentary friendship and cooperation and actively address pending issues.

Participation in and hosting of international conferences

The National Assembly dispatches official delegations to major international conferences and hosts inter-parliamentary meetings to represent national interests and garner international support for Korea’s foreign policy, including the promotion of peace on the Korean Peninsula.