Jo Eung-cheon Proposes Amendment to National Assembly Act: "Aiming to Correct Legislative Rights Infringed by Executive Branch"

[Image source=Yonhap News]

[Asia Economy Reporter Naju-seok] On the 14th, Cho Eung-cheon, a member of the Democratic Party of Korea, proposed an amendment to the National Assembly Act that allows requesting modifications or changes when administrative legislation such as enforcement decrees violates the purpose of the law or exceeds the scope of delegation. Since even the ruling party and President Yoon Seok-yeol have mentioned the possibility of 'unconstitutionality,' controversy is expected.

The National Assembly Act submitted by Rep. Cho to the National Assembly Secretariat on the same day features the ability to check administrative legislation at the standing committee level instead of the plenary session, compared to the existing National Assembly Act. Furthermore, unlike in the past when review reports were simply delivered, this bill imposes enforceability by requesting corrections and then receiving the results of the measures taken.

In explaining the reason for proposing the bill, Rep. Cho stated, "According to the current law, presidential decrees and prime ministerial decrees are handled by resolution of the plenary session, and subordinate decrees are merely recommended through notification by the standing committee," adding, "If the government does not accept or evades this, there is no proper means to bind them." Another feature is that correction requests for administrative legislation can be made at the standing committee level instead of the plenary session. Rep. Cho said, "Although each standing committee has a high level of expertise regarding the relevant laws and administrative legislation, it is inappropriate to elevate the controlling subject and method from notification by the standing committee to resolution by the plenary session," and added, "The standing committee may request modifications or changes from the head of the relevant central administrative agency if the presidential decree, prime ministerial decree, or subordinate decree submitted by the head of the relevant central administrative agency is judged not to conform to the purpose or content of the law."

Rep. Cho's amendment to the National Assembly Act sparked controversy even before the bill was proposed. The People Power Party criticized it as "not just obstructing state affairs but breaking the legs." President Yoon also pointed out during a Q&A with reporters, "(Rep. Cho's bill) is seen to have many unconstitutional aspects," and said, "If the content of an enforcement decree, for example, contradicts the purpose of the law, the National Assembly can make the law more specific or amend it, and if the enforcement decree violates the effect of the law, it can be invalidated, right?"

After proposing the bill, Rep. Cho met with reporters and responded to criticisms that the amendment infringes on the executive branch's legislative authority by saying, "Legislative authority belongs to the National Assembly, and while legislating, the purpose of enacting or amending the law is considered, but overturning the law by including even what was not delegated contrary to the purpose in the law is nullifying the law," and added, "This is precisely the infringement of the National Assembly's legislative authority and the separation of powers." He also explained, "Since legislative authority physiologically belongs to the National Assembly according to its legislative power, it is about withdrawing delegated authority separately from judicial procedures."

This content was produced with the assistance of AI translation services.