Legislative powers are vested only in the National Assembly and the executive and judicial branches have the power to carry out and apply the law. The purpose of this separation of powers is to avoid improper use of power with a system of checks and balances, otherwise the fundamental human rights as provided for in the Constitution of the Republic of Korea may not be guaranteed. From this point of view, the National Assembly has the right to supervise both the executive and judicial branches.
The Korean taxation system operates under a tax law principle policy; that is, tax types and rates are fixed by law. This policy acts as a restriction on the executive branch. The National Assembly also has the right to decide on a national budget bill for each fiscal year and to screen the accounts for the previous fiscal year based on an annual report submitted by Board of Audit and Inspection. These rights allow the National Assembly to monitor the executive branch more effectively. In addition, the National Assembly has the right to approve and consent the following nominees submitted by the President: the Prime Minister, the Director of Audit and Inspection, the Chief Justice and other justices of the Supreme Court and the Chief Justice of the Constitutional Court. The National Assembly has the right to appoint three justices to the Constitutional Court and three members of the Central Election Management Committee from its own members. Thus, the Assembly has the oversight right over variety of the national government organizations other than the President's immediate government. The National Assembly also has the right to consent to any declaration of war, the dispatch of armed forces to foreign states, the stationing of foreign forces in the territory of Korea and granting a general amnesty. Furthermore, when the president wishes to take financial and economic actions or issue an presidential order, such as an Emergency Order in the case of a grave financial or economic crisis, it is necessary for such orders to be approved by the National Assembly. When the National Assembly decides to lift martial law, the president must comply.
During its regular session, the National Assembly can carry out inspections of state administration and also investigate specific matters of state. Meanwhile the administrative branch may be bombarded with questions from the Prime Minister and a member of the State Council, a government representative, in the National Assembly. This questioning is one of the ways of keeping watch on the executive branch.
In order to regulate effectively, the freedom to act must be guaranteed to the members of the National Assembly. In Korea, the members of the National Assembly are granted two privileges. One is immunity from arrest: when the National Assembly is in session, no member can be arrested or detained without the consent of the National Assembly except in a case of flagrante delico. The other is the non-liability privilege: no member can be held responsible outside the National Assembly for any opinions officially expressed or votes cast in the Assembly. The National Assembly is free from interference by the government and other national organizaitons. This independence is necessary to carry out the constitutionally defined oversight functions.
The Constitution of the Republic of Korea contains the following provisions: members of the National Assembly must maintain high standards of integrity and give the national interest
preference over the private interests of members and the political party to which they belong.
When the conduct of a member of the National Assembly is contrary to the internal discipline of the National Assembly, the member may be reprimanded for the violation.
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