| Parliament name (generic / translated) |
Kuk Hoe / National Assembly |
| Structure of parliament |
Unicameral |
| NATURE |
| 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. |
Compare data for parliamentary chambers in the Mandate module
