ACT ON TESTIMONY AND APPRAISAL BEFORE THE NATIONAL ASSEMBLY
Wholly Amended by Act No. 4012, Aug. 5, 1988
Amended by Act No. 6268, Feb. 16, 2000
Act No. 6659, Mar. 7, 2002
Act No. 6858, Feb. 4, 2003
Act No. 10051, Mar. 12, 2010
Act No. 10330, May 28, 2010
Act No. 12503, Mar. 18, 2014
Act No. 14377, Dec. 16, 2016
Act No. 14757, Mar. 21, 2017
Act No. 15621, Apr. 17, 2018
The purpose of this Act is to provide for the procedure for the request for reporting and presentation of documents, testimony, appraisal, etc. made in connection with the deliberation on bills, inspections or investigation of the state administration by the National Assembly.
[This Article Wholly Amended by Act No. 15621, Apr. 17, 2018]
| Article 2 (Obligation of Witness to Attend, etc.) |
Except as otherwise provided for in this Act, any person who is requested to report, present documents, and submit photographs and videos held by an administrative agency concerned (hereinafter referred to as “documents, etc.”) in connection with the deliberation on bills, inspection, or investigation of the state administration by the National Assembly, or to attend as a witness or person for reference or to make an appraisal, shall comply with such request, regardless of other Acts.
[This Article Wholly Amended by Act No. 15621, Apr. 17, 2018]
| Article 3 (Refusal of Testimony, etc.) |
| (3) | The reason of refusal as referred to in paragraphs (1) and (2) shall be explained. |
| (4) | No person who is under 16 years of age or unable to understand the effect of an oath shall be compelled to take an oath. |
[This Article Wholly Amended by Act No. 15621, Apr. 17, 2018]
| Article 4 (Testimony on and Presentation of Documents related to Confidentiality of Public Service) |
| (1) | If a person who is or was a public official has received a request for testimony, or if a government agency has received a request for presentation of documents, etc., from the National Assembly, the person or the government agency shall not refuse to testify or present documents, etc. for the reason that the facts to be testified or the contents of documents, etc. to be presented are confidential on the public service: Provided, That the foregoing shall not apply where those matters are concerning state confidentialities in the military, diplomatic area, or in North Korea area, and it is explained by the competent Minister (in case of an agency under the jurisdiction of the President or the Prime Minister, the head of the authority concerned) that disclosure thereof would have a vital effect on the national security, within five days after he/she receives the request for testimony, etc. |
| (2) | If the National Assembly does not accept the explanation as referred to in the proviso to paragraph (1), it may request by a resolution of the plenary session or of the relevant committee during the adjournment, the Prime Minister to issue a statement that the testimony or presentation of documents, etc. requested by the National Assembly is detrimental to the important national interest. |
| (3) | If the Prime Minister fails to issue a statement within seven days after he/she has received a request for the statement under paragraph (2), the testimony or presentation of documents shall not be refused. |
[This Article Wholly Amended by Act No. 15621, Apr. 17, 2018]
| Article 4-2 (Request for Measures against Refusal to Present Documentation) |
Where a state agency which is requested to present documents, etc. provided for in Article 2 refuses to do so or presents a false document even if it does not fall under the proviso to Article 4 (1), the National Assembly may request the state agency to appear in the plenary sessions or committee meetings and make an explanation therefor, or to take necessary measures, such as disciplinary actions in respect of relevant individuals, as a result of a resolution adopted by the plenary sessions or relevant committee meetings. <Amended by Act No. 12503, Mar. 18, 2014> [This Article Newly Inserted by Act No. 10330, May 28, 2010]
| Article 5 (Request, etc. for Attendance of Witness, etc.) |
| (1) | Where the plenary session or the relevant committee (including a sub-committee or squad composed for the purpose of an inspection or investigation of the state administration) makes a request for reporting or presentation of documents, etc. or attendance of a witness, appraiser, or person for reference pursuant to the provisions of this Act, the Speaker in case of the plenary session, or the chairperson in case of the committee, shall issue a written request to the person or agency concerned. <Amended by Act No. 15621, Apr. 17, 2018> |
| (2) | An assemblyman or committee member may apply to the Speaker or the chairperson of the relevant committee for the attendance of a witness requested under paragraph (1). In this case, the assemblyman or committee member shall submit an application stating reasons for requesting the witness to be heard; agenda; relevance to the inspection or investigation of the state administration; or other similar matters. <Newly Inserted by Act No. 14377, Dec. 16, 2016> |
| (3) | Any presentation of documents, etc. under paragraph (1) may be demanded to be made in writing, electronic documents, or under the status of being recorded in the magnetic tapes or magnetic discs of computers, or other similar media or as being inputted in the computer networks. <Newly Inserted by Act No. 6659, Mar. 7, 2002; Act No. 12503, Mar. 18, 2014; Act No. 15621, Apr. 17, 2018> |
| (4) | The written request as referred to in paragraph (1) shall include those matters to be reported, documents, etc. to be presented, the date, time and place on and at which the witness, appraiser, or person for reference shall attend, and those matters concerning legal sanction in case where he/she fails to comply with such request, as well as, in case of the witness and person for reference, the major issues to be examined. <Amended by Act No. 15621, Apr. 17, 2018> |
| (5) | The written request as referred to in paragraph (1) shall be served at least seven days before the date on which such report or documents, etc. shall be presented or the witness shall attend. <Amended by Act No. 15621, Apr. 17, 2018> |
| (6) | With respect to the service of a written request as referred to in paragraph (1), the provisions of the Civil Procedure Act concerning the service shall apply mutatis mutandis. <Amended by Act No. 15621, Apr. 17, 2018> |
| (7) | If it is necessary for the service of a written request pursuant to paragraph (1), the Speaker or the chairperson may request the head of a relevant administrative agency, including the head of a police office, or a telecommunications business entity defined in subparagraph 8 of Article 2 of the Telecommunications Business Act to provide information on the domicile, residence, business office, office, telephone number (including a cellphone number), or immigration records of the witness, appraiser, or person for reference. In such cases, the head of the relevant administrative agency, including the head of the police office, or the telecommunications business entity, in receipt of such request for the provision of information, shall comply with such request, without delay, notwithstanding the provisions of Article 18 of the Personal Information Protection Act; Article 6 of the Act on Promotion of the Digitalization of the Criminal Justice Process; and Article 83 of the Telecommunications Business Act. <Newly Inserted by Act No. 14757, Mar. 21, 2017> |
| (8) | Any witness or person for reference who is requested to attend may submit in advance a written answer to the major issues to be examined. <Amended by Act No. 15621, Apr. 17, 2018> |
| Article 5-2 (Witness’s Submission of Written Reason for Non-Appearance) |
Where a witness upon whom a written request for appearance has been served in accordance with Article 5 is unable to appear due to any unavoidable reason, he/she shall submit a written reason for non-appearance to the Speaker or the chairperson by no later than three days prior to the date his/her appearance is required. [This Article Newly Inserted by Act No. 15621, Apr. 17, 2018]
| Article 5-3 (Service by Publication) |
| (1) | Where a witness upon whom a written request under Article 5 (1) is required to be served falls under any of the following, service of the written request may be made by publication: |
| 1. | Where such witness’ address, abode, office or business office (hereafter in this Article referred to as “address, etc.”) is not clear; |
| 2. | Where such witness’ address, etc. is located overseas and it is difficult to serve such written request on the witness; |
| 3. | Where it is obvious that such witness has fled, or concealed himself/herself in order to avoid the receipt of such written request; |
| 4. | Where the cases are prescribed by the National Assembly Regulations, such as cases where an attempt at service by registered mail made upon a witness fails because the recipient’s whereabouts are unknown. |
| (2) | Service by publication under paragraph (1) shall be made by any of the following means: |
| 1. | Posting on the bulletin board of the National Assembly; |
| 2. | Publishing in the Official Gazette, the official report of the National Assembly, or a daily newspaper; |
| 3. | Publicly announcing through electronic communications media, etc. |
| (3) | The first service by publication made in accordance with paragraph (2) shall be effective after seven days from the date of service by publication: Provided, That subsequent service by publication made on the same witness shall be effective from the date following the date of subsequent service by publication. |
| (4) | Necessary matters concerning methods, procedures, etc. for service by publication made under paragraphs (1) through (3) shall be prescribed by the National Assembly Regulations. |
[This Article Newly Inserted by Act No. 15621, Apr. 17, 2018]
| Article 6 (Order of Accompanying of Witness) |
| (1) | If a witness does not attend without any justifiable reason, the committee for inspection or investigation of the state administration (hereinafter referred to as the "committee") may order the witness to accede to being accompanied to the designated place by resolution. |
| (2) | Upon issuing an order of accompanying under paragraph (1), the chairperson of the committee shall issue a warrant of accompanying. |
| (3) | The warrant of accompanying as referred to in paragraph (2) shall specify the name and domicile of the witness, the reason for the order of accompanying, the place of accompanying, the issuance date, the validity term of the warrant and the statements that, upon the expiration of the validity term, the warrant shall not be executable and shall be returned, and that, if any person receives such warrant but refuses to comply with it, he/she shall be punished, and then shall be signed and sealed by the chairperson. In such cases, if the name of the witness is unclear, he/she may be indicated by his/her facial features, physical features and other specifiable methods, and if he/she has no obvious domicile, the specification of domicile may be omitted. |
| (4) | The warrant of accompanying shall be executed by presenting it to the witness concerned. |
| (5) | The warrant of accompanying shall be executed by a public official belonging to the National Assembly Secretariat. |
| (6) | The warrant of accompanying to a witness confined in a correctional institution or detention house (including a military correctional institution or detention barrack) shall be executed by a correctional official upon the delegation by a public official belonging to the National Assembly Secretariat. |
| (7) | If a witness who is an active-duty soldier is in the barracks, the commanding officer of the military unit to which the witness belongs shall be bound to cooperate with a public official of the National Assembly Secretariat in executing the warrant of accompanying. |
[This Article Wholly Amended by Act No. 15621, Apr. 17, 2018]
| Article 7 (Oaths of Witness and Appraiser) |
| (1) | If the Speaker or the chairperson (including the chairperson or leader of a sub-committee or squad composed for an inspection or investigation of the state administration; hereafter the same shall apply in this Article) requests a witness or appraiser to present testimony or appraisal, he/she shall have the witness or appraiser take an oath. |
| (2) | If a person who has attended as a person for reference accepts to take an oath as a witness, he/she may be examined as a witness. |
| (3) | The Speaker or the chairperson requesting testimony or appraisal shall clearly state the meaning of an oath before the oath, and inform the person concerned of the punishment for false testimony or appraisal. |
[This Article Wholly Amended by Act No. 15621, Apr. 17, 2018]
| Article 8 (Details and Methods of Oath) |
| (1) | When a witness takes an oath pursuant to Article 7, the oath shall include the following: |
"I swear to tell the truth, the whole truth and nothing but the truth, and if I present false testimony or false written statements, I shall be punished as for perjury."
[This Article Wholly Amended by Act No. 10051, Mar. 12, 2010]
| Article 9 (Protection of Witness) |
| (1) | Any witness testifying before the National Assembly may be accompanied by a counsel who is a lawyer. In this case, the counsel may present a document to certify his/her qualification and give the witness advice on the rights as prescribed by the Constitution and Acts. |
| (2) | If a witness or person for reference testifying before the National Assembly expresses his/her intention not to admit relay broadcasting or news photos, or requests a closed meeting for any special reason, the plenary session or the committee may prohibit by resolution the relay broadcasting or recording, videotaping or photographing, or may not open whole or part of the meeting to the public. |
| (3) | Any person who has been investigated as a witness, appraiser or person for reference before the National Assembly shall not be subject to any unfavorable sanction other than the punishment as prescribed by this Act for the reason of his/her testimony, appraisal or statement. |
| (4) | No document or record tape produced in the course of the inspection or investigation of the state administration before the National Assembly shall be open to the public: Provided, That, if violation of this Act is the issue of a criminal investigation or court proceeding, or if a person who made testimony, appraisal or statement as a witness, appraiser, or person for reference requests a copy thereof, it may be delivered upon the approval of the Speaker. |
[This Article Wholly Amended by Act No. 15621, Apr. 17, 2018]
| Article 10 (Verification) |
| (1) | If it is necessary for the deliberation on bills, the inspection or investigation of the state administration, the committee may conduct a verification by resolution. |
| (2) | Where there exists the resolution under paragraph (1), the chairperson shall issue the notice of conducting the verification (hereinafter referred to as “notice”) to the head of relevant institution. In this case, such notice shall be served three days before the date of conducting verification at the latest. |
| (3) | Members to conduct the verification, purposes, objects, methods, date and place of the verification, and other matters necessary for verification shall be indicated in the notice. |
| (4) | Where a state agency refuses the verification conducted under paragraph (1), Article 4 shall apply mutatis mutandis. |
| (5) | With respect to service of notice, the provisions of the Civil Procedure Act concerning service shall apply mutatis mutandis. |
[This Article Wholly Amended by Act No. 15621, Apr. 17, 2018]
| Article 11 (Payment of Traveling Expenses and Allowances) |
Any person who attends the National Assembly or appears at any other place for the purpose of presenting documents or presenting testimony, appraisal or statements under this Act shall be paid traveling expenses, daily allowance and hotel charges as prescribed by the National Assembly Regulations.
[This Article Wholly Amended by Act No. 15621, Apr. 17, 2018]
| Article 12 (Offense of Non-Attendance, etc.) |
| (1) | Any witness who fails to attend, any witness who intentionally evades the service of a written request for attendance, any person who refuses a request for reporting or presentation of documents, or any witness or appraiser who refuses an oath, testimony or appraisal, without any justifiable ground, shall be punished by imprisonment with labor for not more than three years or by a fine of not less than thirty million won but not more than ten million won. |
| (2) | The punishment as referred to in paragraph (1) shall also be imposed on a person who obstructs the attendance of a witness, appraiser, or person for reference, or verification without any justifiable ground. |
[This Article Wholly Amended by Act No. 15621, Apr. 17, 2018]
| Article 13 (Contempt of National Assembly) |
| (1) | Any witness who degrades the authority of the National Assembly by violence, menace, or any other insulting speech or behavior in making testimony during attending the plenary session or the relevant committee shall be punished by imprisonment with labor for not more than five years or a fine of at least ten million and not exceeding fifty million won. <Amended by Act No. Act No. 15621, Apr. 17, 2018> |
| (2) | Any witness who refuses an order of accompanying or has a third person obstruct the execution of a warrant of accompanying shall be punished by imprisonment with labor for not more than five years. |
[This Article Wholly Amended by Act No. 14757, Mar. 21, 2017]
| (1) | If a witness or appraiser who has taken an oath under this Act makes a false statement (including written responses) or appraisal, he/she shall be punished by imprisonment with labor for not less than one year but not more than ten years: Provided, That if he/she confesses his/her guilt before his/her offense is detected, the punishment may be reduced or exempted. |
| (2) | The confession as referred to in paragraph (1) shall be made before the deliberation of bills, inspections or investigation of the state administration by the National Assembly is completed. |
[This Article Wholly Amended by Act No. 15621, Apr. 17, 2018]
| (1) | Where the plenary session or committee deems that a witness, appraiser, etc. has committed an offense as referred to in Article 12, 13, or the main body of Article 14 (1), it shall accuse him/her: Provided, That in case of a hearing, at least 1/3 of the incumbent members may accuse him/her under their joint signatures. |
| (2) | Where a confession is made under the proviso of Article 14 (1), the plenary session or committee may decide not to accuse him/her notwithstanding the provisions of paragraph (1). |
| (3) | The accusation as referred to in the main body of paragraph (1) shall be made under the name of the Speaker or the chairperson, of the plenary session or the committee which made a request for documents, etc., or an investigation of the witness, appraiser, etc. |
| (4) | The prosecutor shall, upon receiving the accusation under paragraph (1), conclude the criminal investigation within two months after the written accusation is received, and the Prosecutor General shall report without delay in writing the result thereof to the National Assembly. |
[This Article Wholly Amended by Act No. 15621, Apr. 17, 2018]
| Article 16 (Initial Date in Counting of Period) |
In counting the period as prescribed in this Act, the first day shall be included.
[This Article Wholly Amended by Act No. 15621, Apr. 17, 2018]
| Article 17 (National Assembly Regulations) |
Any matters necessary for the enforcement of this Act shall be prescribed by the National Assembly Regulations.
[This Article Wholly Amended by Act No. 15621, Apr. 17, 2018]
ADDENDUM
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 6268, Feb. 16, 2000>
This Act shall enter into force on May 30, 2000.
ADDENDUM <Act No. 6659, Mar. 7, 2002>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 6858, Feb. 4, 2003>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 10051, Mar. 12, 2010>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 10330, May 28, 2010>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 12503, Mar. 18, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability concerning Request to Present Documents, etc.)
The amended provisions of this Act shall apply beginning with the first documents, etc. requested to be presented after this Act enters into force.
ADDENDUM <Act No. 14377, Dec. 16, 2016>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 14757, Mar. 21, 2017>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 15621, Apr. 17, 2018>
This Act shall enter into force on the date of its promulgation.