| Parliament name (generic / translated) |
Kuk Hoe / National Assembly |
| Structure of parliament |
Unicameral |
|
POLITICAL SYSTEM
|
| Type of political regime |
presidential |
| Notes |
The President is the Head of State and represents the state vis-à-vis foreign countries (Article 66 of the Constitution). |
| Head of the executive |
President of the Republic |
| Notes |
Executive power is vested in the executive branch headed by the President, who has the responsibility and duty to safeguard the independence, territorial integrity, and continuity of the state and the Constitution. The Prime Minister assists the President and directs the executive Ministries. More generally, the State Council deliberates on important policies that fall within the power of the executive (Article 88 of the Constitution). It is composed of the President, the Prime Minister, and other members numbering no more than 30 and no less than 15. |
| Method for appointing the executive |
The President is elected by universal, equal, direct, and secret ballot by the people (Article 67 of the Constitution). The Prime Minister is appointed by the President with the consent of the National Assembly (Article 86 of the Constitution). The members of the State Council are also appointed by the President, on the recommendation of the Prime Minister. The Heads of executive ministries, finally, are appointed by the President from among members of the State Council on the recommendation of the Prime Minister. |
| Term of office of the executive and coincidence with the term of the legislature |
The term of office of members of the National Assembly is four years, and does not coincide with the term of the President, which is five years. The President cannot be re-elected. |
| Incompatibility of the functions of member of the executive and member of Parliament |
No |
Members of the National Assembly may not concurrently hold any other office prescribed by law, except for the position of member of Government (Article 43 of the Constitution). |
| Dissolution of Parliament |
No |
|
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Not applicable |
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Not applicable |
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ACCOUNTABILITY
|
| Accountability of Government to Parliament |
Yes |
Government members are individually accountable to the parliament. |
| Modalities of oversight |
- Oral and written questions of parliamentarians
|
The Prime Minister, members of the State Council, or Government delegates may deliver opinions and answer questions (Article 62 of the Constitution). When requested by the Assembly or its committees, they have to attend any of its meetings and answer questions. If the Prime Minister or State Council members are requested to attend, they may have State Council members or Government delegates attend the meeting and answer questions. |
- Government reports to Parliament
|
The Prime Minister, members of the State Council or Government delegates may report on the state administration (Article 62 of the Constitution). |
| Measures |
- Vote of confidence on Government programs and/or legislative proposals
|
Not applicable |
| Motions of censure and votes of no confidence (sub-report) |
|
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The Assembly may pass a recommendation for the removal of the Prime Minister or a State Council member from office in case of a breach of the Constitution or a law (Article 63 of the Constitution). |
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A recommendation for removal may be introduced by one third or more of the total members of the National Assembly, and passed with the concurrent vote of a majority of all its members. |
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Only the person who is targeted in the recommendation for removal is affected by a motion of censure. However, the Assembly only has the power to recommend that a public official be removed from office, and it is the President who makes the final decision. Between 1990 and 2000, there were 161 recommendations for removal from office tabled in the Assembly, both by the majority and opposition parties. Only three motions led to a removal from office. During the period from 2001 to August 2005, there were eight recommendations for removal from office tabled in the Assembly. Among them, two led to removal from office. |
| Dismissal and/or impeachment of Government and other public officials (sub-report) |
- Circumstances and persons concerned
|
In case the President, the Prime Minister, members of the State Council, Heads of executive ministries, Judges, members of the central election management committee, members of the board of audit and inspection, and other public officials designated by law have violated the Constitution or other laws in the performance of official duties, The parliament may pass motions for their impeachment (Article 65 of the Constitution). |
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A motion for impeachment may be proposed by one third or more of the total members of the National Assembly, and requires a concurrent vote of a majority of all its members to be passed. A motion for the impeachment of the President is proposed by a majority of the total members of the National Assembly and approved by two thirds or more of them. |
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Any person against whom a motion for impeachment has been passed is suspended from exercising his or her power until the impeachment has been adjudicated. A decision on impeachment does not extend further than removal from public office. However, it does not exempt the person impeached from civil or criminal liability. The President cannot, however, be charged with a criminal offence during his tenure of office except for insurrection or treason (Article 84 of the Constitution). In case a vacancy occurs in the office of the President, a successor is to be elected within 60 days. Between 1990 and 2000, seven motions for impeachment were tabled in the Assembly and five of them were accepted. In March 2004, a motion to impeach the President was tabled and passed by the National Assembly. In May of the same year, the Constitutional Court of the Republic of Korea rejected the motion. |
- Have these procedures been applied?
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OVERSIGHT OVER THE ACTIONS OF THE GOVERNMENT ADMINISTRATION
|
| Oversight over the actions of the Government administration |
Yes |
Members of Government are accountable to the parliament individually. |
| Means and modalities of oversight |
|
|
The parliament may inspect affairs of state or investigate specific matters therein, and may demand the production of documents directly related thereto, the appearance of a witness in person, and the furnishing of testimony or statements of opinion (Article 61 of the Constitution). |
- Committees of inquiry and missions to Government departments
|
The parliament exercises oversight over the actions of the administration through committees of inquiry. |
- Oral and written questions of parliamentarians
|
The parliament exercises oversight over the actions of the administration through oral and written questions. Oral questions must be answered before the end of the plenary meeting. If Government fails to answer questions immediately it should provide an answer the next day or at least set a deadline for the answer. Answers should be given as soon as possible. In case of written requests, answers are also given immediately and Government documents should be submitted within 10 days. About five days per plenary session are devoted to interpellations to Government. Assembly members are allowed to speak for 15 to 30 minutes per question. The exact time differs according to the nature of the question. |
- Role of Parliament in the appointment of senior Government officials
|
Confirmation hearings are held before the parliament approves the appointment of the Prime Minister, the Chief Justice of the Supreme Court, the President of the Constitutional Court, the Chair of the board of audit and inspection and the Justices of the Supreme Court. In addition, hearings are now also held for the appointment of the Director General of the National Intelligence Service, the Prosecutor General, the Commissioner General of the National Police Agency and the Commissioner of the National Tax Service. |
- Activity reports of the Government administration and of public services or establishments
|
Most major public establishments and state-owned enterprises are required by law to submit annual activity reports to the parliament. Public organisations also submit reports on their current status and provide documents on their activities during inspections of and investigations into the state administration. |
- Representation of Parliament in governing bodies of the Government administration
|
Parliamentarians can hold ministerial positions and, in some cases, may head non-profit public organisations. |
| Existence of an ombudsman |
Yes |
|
- Method for appointing the executive
|
Not available |
- Relationship to Parliament
|
The office of the Ombudsman is an active administrative corrective system tasked with settling citizens' complaints against Government agencies conveniently and swiftly. |
|
BUDGETARY OVERSIGHT
|
| Consultation of Parliament in the preparation of the national budget
|
No |
The executive formulates the budget bill for each fiscal year. In March 2004, a non-partisan body, the National Assembly Budget Office (NABO), was established in order to strengthen the National Assembly's role of examining budgets and the settlement of accounts. |
| Modalities of oversight |
- Examination of the budget / finance act by Parliament
|
The parliament deliberates and decides upon the national budget bill (Article 54 of the Constitution). In case it is necessary to make continuing disbursements for a period longer than one fiscal year, the executive obtains the approval of the parliament for a specified period of time. When it is necessary to amend the budget, the executive may formulate a supplementary revised budget bill and submit it to the parliament. The National Assembly may neither increase the sum of any item of expenditure nor create any new items of expenditure in the budget submitted by the executive without the consent of the executive. |
- Reports on the budget / finance act by Committees
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The budget estimate is compiled by Government and examined by parliamentary standing committees. It is then examined by the special committee on the budget and accounts, before being finalised and approved by the plenary session. |
| Fields overseen |
|
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The parliament exercises oversight over all public funds |
- Budget of special departments
|
The parliament exercises oversight over all public funds |
- Role of Parliament in national development plans
|
The parliament finalises the budget for the implementation of national development plans, deliberates bills related to national development plans, and receives status reports and monitors the progress of such plans through its annual inspection of state administration. |
| Parliament's deadline for the examination and adoption of the budget / finance act |
The executive formulates the budget bill and submits it to the National Assembly within 90 days before the beginning of a fiscal year. The parliament decides upon the budget bill within 30 days before the beginning of the fiscal year. |
| Consequences of failure by Parliament to adopt the budget / finance act |
If the budget bill is not passed by the beginning of the fiscal year, the executive may, in conformity with the budget of the previous fiscal year, disburse funds for the following purposes until the budget bill is passed by Parliament: (i) the maintenance and operation of agencies and facilities established by the Constitution or law; (ii) the execution of obligatory expenditures as prescribed by law; and (iii) the continuation of projects previously approved in the budget. |
| Budgetary autonomy of Parliament |
Yes |
The budget guidelines for the parliament are established by the House steering committee and the estimates are then compiled by the National Assembly secretariat. The House steering committee examines and approves the estimates and then submits them to the ministry of planning and budget for incorporation into the Government's total budget estimate. |
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OVERSIGHT OF THE IMPLEMENTATION OF THE BUDGET AND OF GOVERNMENT SPENDING
|
| Evaluation of Government spending |
| Parliament approves Government expenditures annually |
Yes |
Government annually submits the public accounts to parliamentary standing committees. The accounts are further examined by the special committee on the budget and accounts and are finally approved in the plenary session. |
| Parliamentary oversight of public companies |
Yes |
Activity reports of public companies are submitted to the parliament and examined in the relevant standing committees. |
| Modalities of oversight |
- Body for auditing the Government's books and method for appointing
|
The board of audit and inspection is established under the direct jurisdiction of the President to inspect and examine the settlement of the revenues and expenditures of the state, the accounts of the state and other organisations, as well as the job performances of executive agencies and public officials (Article 97 of the Constitution). The board is composed of no less than five and no more than 11 members, including the chairman. The chairman is appointed by the President with the consent of the parliament. The term of office of the chairman and the other members is four years, and they may be reappointed only once. Members of the board are appointed by the President on the recommendation of the chairman. |
- Reports of the public auditor's office
|
The board of audit and inspection inspects the closing of accounts of revenues and expenditures each year, and reports the results to the President and the parliament in the following year. |
|
|
Not applicable |
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OVERSIGHT OVER FOREIGN POLICY
|
| Foreign Relations Committee (sub-report) |
- Functions of the Committee
|
The parliament exercises oversight over foreign policy through the National Defence Committee. |
|
|
The committee examines Government reports, inspects the state administration and examines the budget and accounts, and puts interpellations to Government in plenary sittings. It examines bills related to national defence, and keeps Government in check through its oversight activities. |
- Composition of the Committee
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The composition of the committee reflects the numerical strength of each party in the parliament. |
- Bilateral visits of Parliament, inter-parliamentary conferences and information missions abroad
|
The parliament exercises oversight over foreign policy through bilateral visits and participation in international conferences. |
- Plenary debates on foreign policy issues
|
Not applicable |
| Involvement of Parliament |
- Participation of Parliament in inter-governmental meetings
|
Parliamentarians may participate in intergovernmental meetings at the request of the Government. |
- Modalities and procedures for ratifying international treaties and agreements (sub-report)
|
The President concludes and ratifies treaties, accredits, receives, or dispatches diplomatic envoys and declares war and concludes peace (Article 73 of the Constitution). The National Assembly has the right to consent to the conclusion and ratification of treaties (i) pertaining to mutual assistance or mutual security; (ii) concerning important international organisations; (iii) of friendship, trade and navigation; (iv) pertaining to any restriction in sovereignty; (v) of peace; (vi) which will burden the state or the people with an important financial obligation; and (vii) related to legislative matters (Article 60 of the Constitution). |
- Other mechanisms for participation in foreign policy by Parliament
|
No other means in addition to the above. |
|
OVERSIGHT OVER NATIONAL DEFENCE POLICY
|
| National Defence Committee (sub-report) |
- Functions of the Committee
|
The parliament exercises oversight over defence policy through the unification, foreign affairs and trade committee. |
|
|
The committee examines Government reports, inspects the state administration and examines the budget and accounts, and puts interpellations to Government in plenary sittings. It examines bills related to unification, foreign affairs and trade, and keeps Government in check through its oversight activities. |
- Composition of the Committee
|
The composition of the committee reflects the numerical strength of each party in the parliament. |
| Parliamentary oversight of public arms manufacturing companies |
Not applicable |
| Circumstances and involvement |
- Modalities and procedures in case of war, an armed attack or a state of emergency
|
The State Council has the competence to declare war, to conclude peace, as well as for other important matters pertaining to foreign policy (Article 89, paragraph 2 of the Constitution). The parliament has the right to consent to the declaration of war (Article 60 of the Constitution). |
- Role of Parliament in sending troops abroad
|
Parliament has the right to consent to the dispatch of armed forces to foreign states and the stationing of foreign forces on the territory of the Republic (Article 60 of the Constitution). |
- Other mechanisms for participation in national defence policy by Parliament
|
No other means in addition to the above |
|
STATE OF EMERGENCY
|
| Circumstances |
In time of internal turmoil, external threat, natural calamity, or a grave financial or economic crisis, the President may take the minimum necessary financial and economic actions or issue orders having the effect of law, only when it is required to take urgent measures for the maintenance of national security or public peace and order, and if there is no time to await the convocation of the parliament (Article 76 of the Constitution). In case of major hostilities affecting national security, the President may issue orders having the effect of law, only when it is required to preserve the integrity of the nation, and it is impossible to convene the parliament. In the case of such actions taken or orders issued, the President promptly notifies the parliament and obtains its approval. If no approval is obtained, the actions or orders lose effect. In that case, laws that were amended or abolished by the orders in question automatically regain their original effect at the moment the orders fail to obtain approval.
When it is required to cope with a military necessity or to maintain public safety and order by mobilisation of the armed forces in time of war, armed conflict or similar national emergency, the President may proclaim martial law. Martial law takes one of two forms, extraordinary martial law and precautionary martial law. Under extraordinary martial law, special measures may be taken with respect to the necessity for warrants, freedom of speech, the press, assembly and association, or the powers of the executive and the judiciary. When the President has proclaimed martial law, he or she has to notify the parliament without delay. When the parliament requests the lifting of martial law with the concurrent vote of a majority of its total membership, the President has to comply. |
| Can parliament take the initiative to declare a state of emergency |
No |
|
| Consequences of a state of emergency for Parliament |
The parliament's existence and functioning are not affected by a state of emergency or by martial law. |
|
VERIFICATION OF THE CONSTITUTIONALITY AND THE APPLICATION OF LAWS
|
| Modalities of oversight |
- Body ruling on the constitutionality of laws
|
A specialised body / constitutional Court |
The Constitutional Court is composed of nine Adjudicators qualified to be Court Judges, appointed by the President (Article 111 of the Constitution). Among the Adjudicators, three are appointed from persons selected by the parliament, and three appointed from persons nominated by the Chief Justice. The Head of the Constitutional Court is appointed by the President from among the Adjudicators with the consent of the parliament. The term of office of the Adjudicators is six years, and they may be reappointed under conditions prescribed by law. They may not join any political party nor participate in political activities. No Adjudicator can be expelled from office except by impeachment or a sentence of imprisonment or heavier punishment. |
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The Constitutional Court is competent to adjudicate on (i) the unconstitutionality of law upon the request of the courts; (ii) impeachment; (iii) the dissolution of a political party; (iv) disputes on jurisdictions between state agencies, between state agencies and local Governments, and between local Governments; and (v) petitions relating to the Constitution as prescribed by law. When the court makes a decision on the unconstitutionality of a law, impeachment, dissolution of a political party, or a petition relating to the Constitution, the concurrence of at least six Adjudicators is required. Laws or sections of laws that are ruled to be unconstitutional are no longer effective. Rulings of the Constitutional Court are binding upon other courts, Government organisations and local bodies. |
| Evaluation of laws |
Yes |
The legislative advisory office of the National Assembly examines administrative laws to ensure that they remain within the scope of laws established by the parliament. |
| Measures |
|
Compare data for parliamentary chambers in the Oversight module
