REPUBLIC OF KOREA

MEMBER OF PARLIAMENT
 
Chamber:
    Kuk Hoe

PARLIAMENTARY MANDATE
Nature of the mandate:
  Free representation
 
Start of the mandate:
  From the day following the expiration of the preceding legislature
 
Validation of mandates:
 
 
End of the mandate:
  4 years after the start of the mandate
 
Can MPs resign ? Yes
 
 
Can MPs lose their mandate ? Yes
  - If found to be holding a concurrent job prohibited under the law.
- If found to be exercising the authority of one's previous job after the
commencement of one's duties.
- If one loses the right to stand for elections.
- If the court nullifies the election or its result.
- If the National Assembly decides to dismiss the assemblyman.
- If the National Assembly disqualifies the assemblyman after screening.
- If a lawmaker elected through the proportional representation system changes his/her party affiliation or leaves the original party.
 

STATUS OF MEMBERS
Rank in hierarchy:
 
 
Indemnities, facilities and services:
  - Stipends, incentives, and allowance for legislative activities
- Car maintenance expenses
- 6 aides and secretaries
- 2 interns for inspection of the administrative affairs
- Free use of national transportation means such as railroads, ships, and airlines
(Provided that the National Assembly is in session)
 
Obligation to declare personal assets: Yes
 
Parliamentary immunity - parliamentary non-accountability:
  - Stipulated by the Article 45 of the Constitution
- Parliamentary non-accountability is limited to words spoken or written by MPs and votes cast within Parliament.
- Can be subjected to ethical investigation and disciplinary measures within the National Assembly.

 
Parliamentary immunity - parliamentary inviolability:
  - Stipulated by the Article 44 of the Constitution
- An assemblyman shall not be arrested or detained without the consent of the National Assembly except in the case of flagrant offenses.
- Applies only to criminal proceedings.
- The National Assembly may request lawmakers arrested or detained before the opening of the session to be freed.
 

EXERCISE OF THE MANDATE
Training:
  - Provides study meetings and training course to newly elected MPs
- Provides handbooks for reference
- Collection of Proceedings of the National Assembly
- Collection of Interpretation of the National Assembly Act
- Collection of the Precedents of the National Assembly
 
Participation in the work of the Parliament:
  - MPs are obliged to be present at plenary sittings and committee meetings.
- An MP can face disciplinary measures if he/she fails to fulfill one's duties to attend meetings within 7 days since the convocation without any justifiable cause.
 
Discipline:
  o Stipulated by the National Assembly Act
(Paragraph 2 of the Article 155, Article 163)
o Disciplinary measures foreseen (types of discipline)
- Warning at an open meeting
- Apology at an open meeting
- Suspension of attendance for a period not exceeding thirty days
- Expulsion
o Major reasons for discipline
- Committing an act contrary to the provisions of Duty of Integrity, Prohibition of Grafting and Prohibition from Speaking such as contempt.
- Allowing others to inspect, transcribe, or reproduce confidential or non-
published materials for the sake of national security.
- Publishing the contents of a closed meeting.
- Causing disturbance in the chamber and disobeying the orders of the Speaker or committee chairmen.
- Failure to attend plenary or committee meetings without any justifiable reason within seven days from the convocation day or within five days after receiving a written request for attendance.
- Receiving two or more warnings from the Special Ethics Committee for violating the assemblymen's ethical principle and the assemblymen's ethical practice regulations.
 
Code (rules) of conduct:
  o Stipulated by the Article 155 (1) of the National Assembly Act, the assemblymen's ethical principle, and the assemblymen's ethical practice regulations.
o Penalties foreseen for violation of the code of conduct
- Receiving two or more warnings from the Special Ethics Committee for violating the assemblymen's ethical principle and the assemblymen's ethical practice regulations.
o Competent body to judge & impose penalties
- Competent body to judge violation: Special Ethics Committee
- Competent body to impose penalties: Plenary meetings
 
Relations between MPs and pressure group:
  - There is no legal provision in this field although a regulation does exist that forbids MPs from engaging in interest-seeking activities.


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