The Organization, Rights, and Duties of the National Assembly Seen with the Input, Output, and Feedback Functions. (투입･산출･환원기능에서 본 국회의 구성, 권한 및 의무)

Jeong Kuk Won (정극원)

The Organization, Rights, and Duties of the National Assembly Seen with the Input, Output, and Feedback Functions.

Public Land Law Review
Abbr : KPLLR
2019, 87(), pp.945-965
Publisher : Korean Public Land Law Association
Research Area : Social Science > Law
Received : July 31, 2019
Accepted : August 20, 2019
Published : August 27, 2019

Jeong Kuk Won ¹

¹대구대학교

Accredited

ABSTRACT

Regarding the Constitution, by giving the legitimacy of the national power according to the principle of the citizens' national sovereignty and the principle of the democracy, the national power performs (produces) the function according to the principle of power separation. And, according to the principle of the law-governed country, the output makes the control of the input received (the feedback) again. Thereby, it has been making the principle of the citizens' national sovereignty and the guarantee of the rights of the citizens realized ideally. If, in the relationship between the citizens and the representative, there is only the input of the national sovereignty and no result of the output, it becomes the national function not operating to the extent of the desire by the citizens. And, if the output according to the input of the national sovereignty ends as the output only and if the function of the automatic adjustment cannot operate any longer, by being an exercise of the national power, which does not have a control, the waste of the national power is caused. One of the things that have been permanently establishing the road of the political input regarding the national power is the election system. The National Assembly, which is the representative organization of the citizens, gets organized according to the input of the election by the citizens, who are the voters. Clause 1, Article 41 of the Constitution has been regulating, 'The National Assembly shall be organized with the National Assemblymen who were elected through an ordinary, egalitarian, direct, and secret election by the citizens." For performing the function, the National Assembly, which had been elected by the citizens, shall have the organization with the Chairman of the National Assembly, the Vice-chairman (Article 48 of the Constitution), the committees, the negotiation bodies, etc. Through such an organization, the National Assembly exercises the rights, including the legislative right, the rights regarding the finance (The principle of no taxation without the law, the budget deliberation right, and the settlement evaluation right), the national affairs controlling right (The impeachment motion, the inspection of the government administration, and the investigation right), the right to organize the Constitutional organizations, etc. In order to guarantee the function of such an exercise of the right better, the National Assemblymen have the autonomy (The internal police authority and the right to prohibit the entry into the National Assembly and make one leave the National Assembly) and the special rights (The privilege of the freedom from arrest and the immunity). When seen from the functional aspect, such a thing is, indeed, the output. The examination regarding the output is the feedback. Together with the granting of the rights to the National Assemblymen, the Constitution has been regulating the duties, too. The obligation of the integrity, the duty of the prioritization of the national interests, the prohibition of the intervention in the rights, and the prohibition of holding more than one office, which are regulated in the Constitution are, indeed, them. Such duties are the feedbacks regarding the citizens who elected them. A problem is the point that such duties in the Constitution stop at the moral and ethical function. Seen from such a point, with regard to the National Assembly, there are the inputs and the outputs. Except, in fact, there are no feedbacks. The fact that there is no feedback function in this way makes the function of the principle of the citizens' national sovereignty, which is an essential element of the Constitution, powerless or weakened. To the National Assemblymen, who were elected by the citizens, the duties on the higher levels must be imposed. This is because the actions by the National Assemblymen, who comprise the representative organization of the citizens, do not only materialize the national function, but, also, they have the effect of the education of the citizens. Although the level of the citizens in one country decides the level of the representatives, the actions by the representatives heighten the dignity of the citizens. The strengthening of the feedback function fortifies the constitution of the National Assembly democratically. Not only that, eventually, not only does it improve the rights and promote the welfare of the citizens, of course, but, also, it makes the National Assembly for promoting the national interests. Hence, the duties of the National Assembly that are regulated in the Constitution must be specified more through the law. And it can be said that there is a need to make a strong system that goes beyond the moral and ethical duties and that enables the continuation to the loss of the National Assemblyman position. It is in this regard that the introduction, too, of a citizens' summoning system is needed. Although the feedback function is a duty that is given to the individuals who are the National Assemblymen, eventually, there is the importance with regard to the point that the responsibilities regarding the citizens, who are the sovereigns, are strongly secured.

KEYWORDS

Input･Output･Feedback, National Assemblymen election, Legislative right, National affairs controling right, Duties of National Assemblymen, Citizens summoning

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