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.
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.
Pre-examination
by the relevant standing committee
Comperhensive examination by the Special Cmmitee on Budget and Accounts
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
Pre-examination
by the relevant standing committee
Comperhensive examination by the Special Cmmitee on Budget and Accounts
Deliberation and decision at the Plenary Session
Request for the correction of any illegal or unjust matters
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.
Pre-examination
by the relevant standing committee
Comperhensive examination by the Special Cmmitee on Budget and Accounts
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 Procedure
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.