This study focuses on the details of possible controversy over the application of the “National Assembly Advancement Act” which is now in the initial implementation stage. The objective of this study is to identify the right way forward in impleme...
This study focuses on the details of possible controversy over the application of the “National Assembly Advancement Act” which is now in the initial implementation stage. The objective of this study is to identify the right way forward in implementation of the Act and put forward follow-up measures accompanied by a law revision where necessary by exploring some of the contentious issues that could be raised in the coming years.
In general, the National Assembly Advancement Act represents a combination of and compromise between what was claimed by the main opposition Democratic Party (DP) to conduct a filibuster (obstructionism) and the ruling Saenuri Party’s demand to promote parliamentary proceedings, and major arguments surrounding the Act are as follows:
First, the Act is subject to different interpretation as to when and to what extent the National Assembly Speaker can exercise his authority to put a bill to a vote. As such, the importance was attached to an independent and leading role played by the Assembly Speaker.
Second, when it comes to the Agenda Coordination Committee, questions can be raised regarding the timing of its composition, ways to refer a certain agenda to the Committee and whether or not to withdraw a request for agenda coordination due to lack of relevant laws. In order to patch up the Advancement Act in this regard, more specific provisions and clauses should be devised.
Third, when enabling a filibuster at the Plenary Session, it is suggested that certain bills be qualified for an exemption according to conventional wisdom or by nature like in any other debate, and it would be reasonable not to apply this rule to standing committees citing the U.S. case and the regulations that the committees can be convened even when parliament is not in session.
Fourth, some are pushing for a law revision aimed to ease requirements for the system to designate the agenda items to be processed quickly; however, it is deemed to be too early to pursue such revision since the system itself is bound to exclude the examination by the relevant standing committee and thus there should be a tightening of criteria. But for the items agreed upon to be processed quickly, they need to be stipulated clearly under the law like in the U.S., thereby enhancing the efficiency in dealing with the agenda.
Fifth, with regards to a bill designated to be handled by the fast-track system, it is proposed that the existing saving provision be fully utilized to give bills with the high probability of withdrawal more leeway to be done so easily based on the agreement between the committee chairman and deputy chairmen, given the dramatic rise in the number of withdrawals in recent days.
Sixth, in case of submission of bills that are undergoing delays in the examination of legality and wording by the Legislation and Judiciary Committee to the Plenary for consideration, the fundamental review must be made on the existence of the examination on the premise that alternatives are put in place at an acceptable level for the opposition party.
Seventh, it was also suggested that in preparation for the imminent implementation of the system to automatically submit budget bills among others to the Plenary for consideration, sufficient time be allocated to deliberate on budget bills and that specific measures be taken to that end.
Eighth, with respect to the reinforced institution related to maintain law and order, the emphasis is put on the need for strict application of the rules to impose a penalty on those who commit offenses through the analysis of all the available records of punishing former and incumbent Members of the National Assembly. At the same time, it is suggested that the way in which disciplinary action is taken be considered.