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STATUTES OF THE REPUBLIC OF KOREA

Korea Legislative System and Procedures

Korean Legislative System and Procedures

The Korean legislative system consists of the Constitution as the paramount law, Acts to realize the constitutional notions, and administrative legislation including Presidential Decrees, Ordinances of the Prime Minister, Ordinances of Ministries and so forth to effectively implement the Acts. Since statutes form a certain hierarchy, subordinate statutes that are enacted under powers delegated by Acts or are enacted for the purpose of enforcing Acts, are not permitted to contain details in conflict with such Acts.

For cases on whether subordinate statutes are in conflict with Acts, which are raised in the course of enforcing such Acts, the Adjudication on the Constitutionality of Acts and the Constitutional Complaints of the Constitutional Court address on whether any Act is in violation of the Constitution. Futhermore, the Supreme Court holds the authority to make a final review on whether any order, rule, or disposition is in violation of the Constitution or Acts.

Categories of Statues

Legislative Procedures in Korea

Legislative procedures refer to a series of procedures ranging from the drafting of Bills to their promulgations. The Constitution of the Republic of Korea grants the National Assembly the power of legislation and permits the Executive branch and other agencies to exercise lawmaking powers on subordinate statutes other than Acts.

Korea Legislative System and Procedures by 15 steps. First step is Drafting of Bills and second step is Consultation with Relevant Ministries, and, If Necessary, Consultation between Government and Ruling Party. Third step is Advance Publication of Legislation and forth Examination of Regulations and fifth step is Examination of Ministry of Government Legislation. Sixth step is Deliberation in Vice-Ministerial Meeting and seventh step is Deliberation in State Council. Eight step is Signature of President, nineth step is Submission of Bills to National Assembly, tenth step is Deliberation of Competent Standing Committees, and If Necessary, Examination of Committee of Full Members eleventh step Examination of Legislation and Judiciary Committee, twelveth step is Deliberation and Resolution of National Assembly, thirteenth step is Transfer of Bills to Government, forteenth step is Deliberation of State Council and Signature of President, fifteenth step is Promulgations.

<Table 2. Legislative Process>

Korea Legislative System and Procedures
1. Drafting of Bills

A central administrative agency drafts Bills on affairs under its jurisdiction. In cases of administrative affairs under the jurisdiction of more than two Ministries, such Ministries jointly draft a bill.

2. Consultation with Relevant Ministries, and, If Necessary, Consultation between Government and Ruling Party

After the drafting of any Bill is completed, consultations on the details of such Bill with relevant Ministries are required. If necessary, consultations between the Government and Ruling Party or cooperation from opposition parties are to be sought.

3. Advance Publication of Legislation

The legislation of Bills, in advance, shall be published to reflect various opinions of the people. The period of the advance publication is not less than 20 days. If anyone who holds his/her opinion on any Bill for which advance publication is made may put forth his/her opinion. However, advance publication need not be made in special cases prescribed by Acts and subordinate Statutes.

4. Examination of Regulations

When any Bills include matters restricting the rights of the people or imposing obligation upon the people by the Government or local governments in order to achieve specific administrative objectives, the Regulatory Reform Committee must examine such Bills.

5. Examination of Ministry of Government Legislation

The Ministry of Government Legislation examines not only the formal aspects of the relevant legislative details, such as legal terms and system of legal wording, but also practical aspects, such as whether they are realistically appropriate, whether they are in conformity with the goals of state affairs, whether they are in conflict with higher Acts and subordinate statutes, and so forth.

6. Deliberation in Vice-Ministerial Meeting

Vice-ministerial meetings deliberate on key matters of Bills in advance to be placed on the agenda of the State Council. However, in cases of emergency, any Bill may be placed on the agenda of the State Council without going through deliberation of vice-ministerial meetings.

7. Deliberation in State Council

The State Council, as a top policy deliberative organ, hears proposal explanation of Bills from competent ministries and resolves after going through debates.

8. Signature of President

Bills resolved in the State Council and Presidential Decrees require the signature of the President after the Prime Minister and the relevant members of the State Council countersign.

9. Submission of Bills to National Assembly

Bills, after obtaining the signature of the President, are promptly submitted to the National Assembly by the Ministry of Government Legislation.

10. Deliberation of Competent Standing Committees, and If Necessary, Examination of Committee of Full Members

When any Bill is proposed or submitted to the National Assembly, the Speaker reports it to the plenary session, refers it to the competent standing committee, and, after completing the examination of the competent standing committee, places it to on the agenda of the plenary session. If necessary, any competent standing committee may examine specific Bills by comprising sub-committees. In cases of important Bills, a committee of all members may examine them.

After completing examinations of Bills, such Bills are referred to the Legislation and Judiciary committee for going through the examination of terms and system of legal wording. Then, such Bills are to be deliberated upon and resolved at the plenary session.

11. Examination of Legislation and Judiciary Committee
12. Deliberation and Resolution of National Assembly
13. Transfer of Bills to Government

The Ministry of Government Legislation prepares a draft promulgation of a Bill resolved by the National Assembly and submits such draft to the State Council. If any objection is raised to such Bill, the President may request the National Assembly to deliberate again on the Bill by attatching an objection statement within 15 days from the day when such Bill is transferred to the Government.

14. Deliberation of State Council and Signature of President

Bills resolved in the State Council require the signature of the President after the Prime Minister and the relevant members of the State Council countersign.

15. Promulgations

Such Bills are promulgated by being published in the Official Gazette.