Legislative process

The legislative process (입법절차/立法節次) in Korea consists of two tracks: One is in the National Assembly, another in the Government. The Constitution grants the National Assembly the legislative power and permits the Executive and other organs to exercise the lawmaking power on subordinate statutes other than Acts.

As for the legislative system in general, including the hierarchy of legislation, see Legislative system in Korea.

Key words
legislative process, National Assembly, central government agency

In the National Assembly
The legislative power in Korea is exclusively vested in the National Assembly. A bill is processed into an act in the following sequence under the National Assembly Act:

Drafting
A legislator may introduce a bill to the National Assembly with more than 10 legislators consenting thereto. If the said bill requires any budget measure, a written estimation for implementing expenses shall be accompanied. He/she may ask for help in drafting a bill from the Legislative Counseling Office in the National Assembly Secretariat.

Each committee of the National Assembly may also introduce a bill on matters under its jurisdiction in the name of the chairman of the committee. In this case, the committee may set up a sucommittee mandated to draft a bill and the committee may adopt or resolve on the drafted bill after questions and answers, debate and article-by-article examination.

Introduction
Under the Constitution, not only a member of the National Assembly but also the government may introduce a bill. Article 52. Government-initiated bills are introduced to the National Assembly in the name of the President with the bill countersigned by the Prime Minister and Minister(s) concerned. The Supreme Court, the National Election Committee and the Board of Inspection and Audit cannot introduce a bill but submit their opinions on necessary amendment to the relevant laws. In this case, the Speaker of the National Assembly refers their opinions to the relevant committee.

Examinations
When a bill is introduced to the National Assembly, the Speaker shall report it to the plenary session and refer it to the competent standing committee, and, after full examination by the standing committee, refer the bill again to the plenary session.

Every committee votes on the bill after its introducer explains the purpose of the draft bill, and full examination is over. Special counsel's report on the outcome of such examination, general debate, public hearings, article-by-article review, etc. are required.

When the competent committee completes the examination of the bill, it is referred to the Legislation and Judiciary Committee for consistent frameworks, forms and wordings. So the enactment or amendment of an act are in conformity of the system and objective of lawmaking, and in balance with other existing acts.

Upon the request of not less than on fourth of the total members before and after major bills (concerning government organization, tax or other burdensome liability of the citizens) are on the agenda of the plenary session, the Committee of Full Members is to examine such bills. The Speaker may, when it is deemed necessary to deliberate on such bills, skip the Committee of Full Members after obtaining consent of the floor leaders of negotiating groups.

Deliberation at Plenary Session
The plenary session shall vote after hearing the reports of chairmen whose committees have examined such bills and then taking the process of questions and debate.

In the Government
The legislative work in the government concerns about Acts proposed by itself and subordinate statutes including implementing decree, ministerial ordinance, notification, etc.

Drafting of Acts and Subordinate Statutes
The Ministries in charge of shaping policies may draft bills on matters under their respective jurisdictions. If the content of a bill is related with other Ministries, such related Ministries shall jointly draft the bill. While drafting an act or subordinated statutes, normative and sustainable policy wills shall be explicitly expressed in objective words. Drafters are required to clearly set, supplement and standardize such policy goals in order to attain them in a concret and distict manner. Drafters shall analyze and forecast contents of policy goals, effects from the attainment of policy goals, financial needs for them, incidental problems, optional alternatives, their impact on the current legal system, etc.

Consultation with Ministries concerned
Upon completing the drafting a bill, the Ministry has to consult with other Minstries concerned about such bill, and to coordinate its contents, if necessary. With respect to budgetary matters, the drafting Ministry is required to consult with the Ministry of Strategy and Finance.

Prior consultations with related Ministries is necessary to ensure smooth cooperation and coordination among them in the course of enforcing Acts and subordinate statutes. When those Ministries fail to reach an agreement, they may place the bill before the State Council by citing the ground of their disagreement.

Consultation between Government and Ruling Party
The government may consult with the ruling party when a bill seems to greatly affect policy issues of the State and citizens' life. Also it may seek cooperation from opposition parties. This is a kind of practice to harmonize the positions of the government and the ruling party by means of high level ruling party-government policy coordination meeting and the government official's policy briefing.

Advance Publication of Legislation
Every government-initiated bills are published in advance after going through the above-mentioned legislative process. The advance publication is designed to make public its content to reflect various opinions in the legislation and to decratize the legislative process. However, the advance publication may be skipped in case such legislation is urgent and advance publication is unnecessary or likely to adversely affect the public interest.

The period of the advance publication of any legislation in not less than 20 days. If such period is to be shortened, the Ministry concerned is required to consult with the Minister of Government Legislation thereabout.

If any draft Act or subordinate statute is of regulatory nature, the Ministry concerned is required to file an application, with the analysis of regulatory impact of the draft attached, with the Regulatory Reform Committee subject to the Framework Act on Administrative Regulations.

Examination of MoLeg
The Ministry of Government Legislation (MoLeg) examines not only the formal aspects of terms and ststem of legal wordings but the practical aspects of the draft. It is important to find out whether the draft Act or subordinate statute is in conflict with higher Acts and subordinated statutes. To ensure the faithful and fair examination, MoLeg holds a joint meeting with government officials concerned.

Deliberation in State Council
In the final stage, the draft Act or subordinate statute are put on the agenda of the State Council after the thorough examination of the Vice-Ministerial meeting. The State Council is a top policy deliberation body mandated to deliberate on important government policies. The State Council hears proposal explanations from the Minister of competent Ministry, and resolves after debates, if necessary.

Signing and Promulgation
When the draft Act or Presidential Decree is signed by the President and countersigned by the Prime Minister and the Minister of competent Ministry, the draft Act is submitted without delay to the National Assembly. The Act passed by the National Assembly or the Presidential Decree resolved by the State Council, respectively after necessary signing and countersigning, is to be promulgated when it has been published on the Official Gazette. The emergency executive (financial and economic) order which is issued by the President is the same as Presidential Decree in the process of promulgation.