온라인카지노바카라사이트 사이트는 IE11이상 혹은 타 브라우저에서
정상적으로 구동되도록 구현되었습니다.

익스플로러 10 이하버전에서는 브라우저 버전 업데이트 혹은
엣지, 크롬, 사파리등의 다른 브라우저로 접속을 부탁드립니다. 감사합니다.

1. Case summary

Parties represented by 스피드 바카라 사이트: Chairman of the National Assembly, and Commissioners of Special Committees on the Judicial Reform and the Political Reform of the National Assembly

 

Case background: The 스피드 바카라 사이트 Mirae Party's lawmakers Oh Shin-Hwan and Kwon Eun-Hee expressed their disagreement with the party's proposed policy to put the Bill on the Establishment and Operation of the Investigation Office for High-ranking Public Officials' Crimes'' (the “Draft Bill”) on fast track. The floor leader of the party requested the Speaker of the National Assembly to allow certain members of the Special Committees for the Judicial Reform and the Political Reform to resign and new members be appointed. The Speaker followed the floor leader’s request. Meanwhile, the Draft Bill was presented to the National Assembly through the Electronic Legislation System. The Speaker of the National Assembly put the Draft Bill on fast track.

 

Litigation: 스피드 바카라 사이트 Mirae Party’s lawmaker Oh Shin-Hwan and some lawmakers of Liberty Korea Party filed a trial with the Constitutional Court on the validity of authority, arguing that the following acts conducted by the Speaker of the National Assembly and the Commissioners of the Special Committees for the Judicial Reform and the Political Reform were null and void because they infringed lawmakers’ rights to deliberate and vote on draft bills: the act of allowing members of committees to resign and appointing new members, the act of accepting the Draft Bill presented through the Electronic Legislation System, the act of submitting a proposal and declaring to put the Draft Bill on fast track, and the act of designating the Draft Bill as a bill subject to fast-track legislation.

 

2. Decisions [Constitutional Court 스피드 바카라 사이트 2019Heonra1 dated May 27, 2020, and Constitutional Court Decisions 2019Heonra3 and 2019 Heonra2 (Consolidated) dated May 27, 2020]

 

The Constitutional Court determined that they did not find that the alleged acts had infringed lawmakers’ rights to deliberate and vote on draft bills, and therefore, the acts were not null and void on the following grounds: (i) the alleged act of allowing certain members of the Special Committees on the Judicial Reform and the Political Reform of the National Assembly to resign and appointing new members did not conflict with the principle of free mandate and Article 48(6) of the National Assembly Act (스피드 바카라 사이트 2019Heonra1); (ii) the alleged act of declaring that the Draft Bill be put on fast track on the basis of votes cast by the newly appointed members did not violate Article 49(2) of the National Assembly Act pertaining to the session opening procedure or Articles 79(2) and 90 of the National Assembly Act pertaining to the agenda presentation procedure; (iii) the court did not find any illegality of not taking a procedure of making inquiries and discussing issues before casting votes; and (iv) the act of designating the Draft Bill as fast track legislation was conducted subject to the legal act of resolution declaration [Decisions 2019Heonra3 and 2019 Heonra2 (Consolidated) dated May 27, 2020].

 

3. 스피드 바카라 사이트’s argument and role

 

In relation to the resignation and appointment of members, we argued that the phrase, “members may not resign and be appointed during a session in the case of a temporal session” should be interpreted in the way that a member was prohibited from resigning during the temporal session in which the member was appointed. In relation to the alleged procedural issues regarding the designation of the Draft Bill as fast track legislation, we argued that the Constitution and the National Assembly Act did not prescribe anything about the presentation method of draft bills, and therefore, presenting the Draft Bill in the electronic format was legal. In addition, since Article 85-2(1) of the National Assembly Act prescribed, “The Speaker or the Commissioner shall ‘promptly’ take a vote by secret ballot,” a procedure of making inquiries and discussing the inquires was not required before voting on the designation of fast track legislation. The court accepted all of our arguments and cited them as basis of its 스피드 바카라 사이트. We drew a conclusion that the alleged acts of the respondents did not infringe the claimants’ rights to deliberate and vote on draft bills.

 

4. Implications

 

스피드 바카라 사이트 2019Heonra1 has implications in that it is the first 스피드 바카라 사이트 in Korea dealing with the issue as to whether the Speaker’s act of allowing a member to resign and appointing a new member conflicts with Article 48(6) of the National Assembly Act newly established in 2003 and that the 스피드 바카라 사이트 clearly defines the meaning of the provision and sets a standard that can be used to determine the violation of the provision.

 

Decisions 2019Heonra 3 and 2019Heonra 2 (Consolidated) are meaningful in that they dealt with procedural illegality of a series of acts relating to the designation of a certain draft bill as fast track legislation under Article 85-2 of the National Assembly Act, and that the Constitutional Court determined that the Draft Bill had been legitimately received through the electronic legislation support system on the basis of the rules an bylaws established by the National Assembly and did not breach Article 79(2) of the National Assembly Act. It is expected that the decisions will help lawmakers more actively present bills in electronic format than before.