CONSTITUTION OF THE REPUBLIC OF KOREA [See entire ACT]

CHAPTER III THE NATIONAL ASSEMBLY

Article 40 (The Legislative Power)

The legislative power shall be vested in the National Assembly.

Article 41 (Composition of the National Assembly)

(1) The National Assembly shall be composed of members elected by universal, equal, direct and secret ballot by the citizens.
(2) Number of members of the National Assembly shall be determined by Act, but the number shall not be less than 200.
(3) Constituencies of members of the National Assembly, proportional representation and other matters pertaining to National Assembly elections shall be determined by Act.

Article 42 (The Term of Members of National Assembly)

The term of office of members of the National Assembly shall be four years.

Article 43 (Restriction of Concurrent Offices for Members of the National Assembly)

Members of the National Assembly shall not concurrently hold any other office prescribed by Act.

Article 44 (Immunity from Arrest for Members of the National Assembly)

(1) During the session of the National Assembly, no member of the National Assembly shall be arrested or detained without consent of the National Assembly except in case of flagrante delicto.
(2) If any member of the National Assembly is apprehended or detained prior to the opening of a session, such member shall be released during the session upon request of the National Assembly, except in case of flagrante delicto.

Article 45 (Immunity from Statement and Voting)

No member of the National Assembly shall be held responsible outside the National Assembly for opinions officially expressed or for votes cast in the National Assembly.

Article 46 (The Duty of Members of the National Assembly, Prohibition of Abusive Exercise Status as a Member of the National Assembly)

of Abusive Exercise Status as a Member of the National Assembly)
(1) Members of the National Assembly shall have the duty to maintain high standards of integrity.
(2) Members of the National Assembly shall give preference to national interests and shall perform their duties according to the dictates of their conscience.
(3) Any member of the National Assembly shall neither acquire rights and benefits in property or other positions, nor assist other persons to acquire the same things, by means of contracts with or dispositions by the State, public organizations or industries in abusive exercise of his/her status as a member of the National Assembly.

Article 47 (A Regular Session, An Extraordinary Session)

(1) A regular session of the National Assembly shall be convened once every year under the conditions as prescribed by Act, and extraordinary sessions of the National Assembly shall be convened upon request of the President or one fourth or more of its total members.
(2) The period of regular session shall not exceed a hundred days, and that of extraordinary session, thirty days.
(3) If the President requests convening of an extraordinary session, period of the session and reasons for the request shall be clearly specified.

Article 48 (Speaker and Vice-Speaker)

The National Assembly shall elect one Speaker and two Vice-Speakers.

Article 49 (Quorum and Way to Resolve)

Except as otherwise provided in the Constitution or Act, the attendance of a majority of the total members, and the concurrence of a majority of the members present shall be necessary for decisions of the National Assembly. In case of a tie vote, the matter shall be regarded as rejected.

Article 50 (Freedom of the Sessions Principle)

(1) The sessions of the National Assembly shall be open to the public:Provided, That when it is decided so by a majority of the members present, or when the Speaker deems it necessary to do so for the sake of national security, they may be closed to the public.
(2) Public disclosure of the proceedings of sessions which were not open to the public shall be determined by Act.

Article 51 (Bill’s Next Session Continuity)

Bills and other matters submitted to the National Assembly for deliberation shall not be abrogated on the ground that they were not acted upon during the session in which they were introduced, except in a case where the term of the members of the National Assembly has expired.

Article 52 (The Right to Introduce Bill)

Bills may be introduced by members of the National Assembly or by the Executive.

Article 53 (Promulgation of Bills, President’s Right to Object, Determination, Effects of Bills)

(1) Each bill passed by the National Assembly shall be sent to the Executive, and the President shall promulgate it within fifteen days.
(2) In case of objection to the bill, the President may, within the period referred to in paragraph (1), return it to the National Assembly with written explanation of his objection, and request it be reconsidered. The President may do the same during adjournment of the National Assembly.
(3) The President shall not request the National Assembly to reconsider the bill in part, or with proposed amendments.
(4) If the President returns a bill together with a request for reconsideration to the National Assembly, this shall reconsider it. If the National Assembly repasses the bill in the original form with the attendance of more than one half of the total members, and with the concurrence of two-thirds or more of the members present, it shall become Act.
(5) If the President neither promulgates the bill, nor request the National Assembly to reconsider it within the period referred to in paragraph (1), it shall become Act.
(6) The President shall promulgate without delay the Act as finalized under paragraphs (4) and (5). If the President does not promulgate an Act within five days after it has become Act under paragraph (5), or after it has been returned to the Executive under paragraph (4), the Speaker shall promulgate it.
(7) Except as provided otherwise, an Act shall take effect twenty days after the date of promulgation.

Article 54 (The Right to Deliberate, Decide the National Budget Bill, Action for Exceeded Decision Term)

(1) The National Assembly shall deliberate and decide upon the national budget bill.
(2) The Executive shall formulate the budget bill for each fiscal year and submit it to the National Assembly within ninety days before the beginning of a fiscal year. The National Assembly shall decide upon it within thirty days before the beginning of the fiscal year.
(3) 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 the National Assembly:
1. The maintenance and operation of agencies and facilities established by the Constitution or Act;
2. Execution of the obligatory expenditures as prescribed by Act;and
3. Continuation of projects previously approved in the budget.

Article 55 (Continuing Fund, Reserve Fund)

(1) In a case where it is necessary to make continuing disbursements for a period longer than one fiscal year, the Executive shall obtain the approval of the National Assembly for a specified period of time.
(2) A reserve fund shall be approved by the National Assembly in total. The disbursement of the reserve fund shall be approved during the next session of the National Assembly.

Article 56 (Supplementary Revised Budget)

When it is necessary to amend the budget, the Executive may formulate a supplementary revised budget bill and submit it to the National Assembly.

Article 57 (Prohibition of Increasing of Expenditure, Creating of New Expenditure)

The National Assembly shall, without the consent of the Executive, neither increase the sum of any item of expenditure nor create any new items of expenditure in the budget submitted by the Executive.

Article 58 (The Right to Decide Issue of National Bond)

When the Executive plans to issue national bonds or to conclude contracts which may incur financial burden on the State outside the budget, it shall have the prior concurrence of the National Assembly.

Article 59 (Types and Rates of Taxes)

Types and rates of taxes shall be determined by Act.

Article 60 (The Right to Consent Treaties, Declaration of War, etc.)

(1) The National Assembly shall have the right to consent to 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 incur grave financial burden on the State or people;or treaties related to legislative matters.
(2) The National Assembly shall also have the right to consent to declaration of war, dispatch of armed forces to foreign states, or stationing of alien forces in the territory of the Republic of Korea.

Article 61 (The Right to Inspect, Investigate State Affairs)

(1) The National Assembly may inspect affairs of state or investigate specific matters of state affairs, and may demand production of documents directly related thereto, appearance of a witness in person and furnishing of testimony or statements of opinion.
(2) Procedures and other necessary matters concerning inspection and investigation of state administration shall be determined by Act.

Article 62 (Attendance of the Prime Minister, etc)

(1) The Prime Minister, members of the State Council or Government Delegates may attend meetings of the National Assembly or its committees and report on state administration or deliver opinions and answer questions.
(2) When requested by the National Assembly or its committees, the Prime Minister, members of the State Council or Government Delegates shall attend any meeting of the National Assembly and answer questions. If the Prime Minister or State Council members are requested to attend, the Prime Minister or State Council members may have State Council members or Government Delegates attend any meeting of the National Assembly and answer questions.

Article 63 (The Right to Recommend for Removal of the Prime Minister or a State Council Member from Office)

(1) The National Assembly may pass a recommendation for removal of the Prime Minister or a State Council member from office.
(2) A recommendation for removal as referred to in paragraph (1) may be introduced by one third or more of the total members of the National Assembly and shall be passed with the concurrence of a majority of the total members of the National Assembly.

Article 64 (Autonomy of National Assembly)

(1) The National Assembly may establish rules of its proceedings and internal regulations:Provided, That they are not in conflict with Act.
(2) The National Assembly may review qualifications of its members and may take disciplinary actions against them.
(3) The concurrent vote of two thirds or more of the total members of the National Assembly shall be required for expulsion of any member.
(4) No action shall be brought to court with regard to decisions taken under paragraphs (2) and (3).

Article 65 (The Right to Pass Motions for Their Impeachment, Effects of Impeachment Decision)

(1) In case the President, the Prime Minister, members of the State Council, heads of Executive Ministries, Justices of the Constitutional Court, judges, members of the National Election Commission, the Chairman and members of the Board of Audit and Inspection, and other public officials designated by Act have violated the Constitution or other Acts in the performance of the official duties, the National Assembly may pass motions for their impeachment.
(2) A motion for impeachment prescribed in paragraph (1) may be proposed by one third or more of the total members of the National Assembly, and shall require a concurrence of a majority of the total members of the National Assembly for passage:Provided, That a motion for the impeachment of the President shall be proposed by a majority of the total members of the National Assembly and approved by two thirds or more of the total members of the National Assembly.
(3) Any person against whom a motion for impeachment has been passed shall be suspended from exercising his power until the impeachment has been adjudicated.
(4) A decision on impeachment shall not extend further than removal from public office:Provided, That it shall not exempt the person impeached from civil or criminal liability.

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