South Korean Law
ct No. 6271, jun. 23, 2000
Article 1 (Purpose)
The purpose of this Act is to provide for necessary matters regarding the composition and operation of the National Assembly Special Committee on Personnel Hearings and the procedure for, and the operation of, personnel hearings.
Article 2 (Definitions)
The terms used in this Act shall be defined as follows: 〈Amended by Act No. 7627, Jul. 29, 2005; Act No. 8686, Dec. 14, 2007〉
1. The term “candidate for public office” means a person, the appointment of whom is requested to be approved, a person recommended for election, or a person whom a President-elect nominates as a candidate for the Prime Minister and of whom the President-elect requests to hold a personnel hearing regarding the appointment pursuant to Article 46-3 (1) of the National Assembly Act or a person, of whom the President, or a President-elect, or the Chief Justice of the Supreme Court requests the National Assembly to hold a personnel hearing regarding the appointment pursuant to any other Act in compliance with Article 65-2 (2) of the said Act;
2. The term “bill for the approval of appointment or election” means a bill for the approval of appointment, bill for election, or bill that a President-elect presents to request the holding of a public hearing regarding the appointment of a candidate for the Prime Minister under Article 46-3 (1) of the National Assembly Act or a bill presented to request the holding of a personnel hearing regarding the appointment of a candidate for a public office pursuant to any other Act that requires to hold a personnel hearing regarding the appointment to such public office in compliance with Article 65-2 (2) of the said Act.
Article 3 (Special Committee on Personnel Hearings)
(1) The Special Committee on Personnel Hearings under Article 46-3 of the National Assembly Act shall be deemed formed when a bill for the approval of appointment or election (excluding a bill for requesting the holding of a personnel hearing regarding the appointment of a candidate for public office, the appointment to which shall be subject to a personnel hearing pursuant to any other Act in compliance with Article 65-2 (2) of the said Act) is presented to the National Assembly. 〈Amended by Act No. Act No. 6856, Feb. 4, 2003〉
(2) The full number of members of the Special Committee on Personnel Hearings shall be 13 persons. 〈Amended by Act No. Act No. 6856, Feb. 4, 2003〉
(3) Members of the Special Committee on Personnel Hearings shall be appointed or re-appointed by the Speaker of the National Assembly (hereinafter referred to as the “Speaker”) at the request of the representative assembly-person of each negotiating party in proportion to the ratio of the number of assembly-person of each negotiating party. In such cases, the representative assembly-person of each negotiating party shall request the Speaker to appoint members within two days from the day on which the Special Committee on Personnel Hearings is formed, and the Speaker may appoint members, if no request is made by the specified deadline. 〈Amended by Act No. Act No. 6856, Feb. 4, 2003〉
(4) Assembly-persons who do not belong to any negotiating party shall be appointed as members by the Speaker.
(5) The Special Committee on Personnel Hearings shall elect one chairperson and appoint one secretary elected by and from each negotiating party and shall report the election and appointment to the plenary session. 〈Amended by Act No. Act No. 6856, Feb. 4, 2003〉
(6) The Special Committee on Personnel Hearings shall remain in existence until the bill for the approval of appointment or election is adopted at the plenary session or the proceedings of a personnel hearing are reported to the plenary session. 〈Amended by Act No. Act No. 6856, Feb. 4, 2003〉
Article 4 (Examination of Bill for Approval of Appointment or Election or Personnel Hearings)
(1) The Special Committee on Personnel Hearings, the competent Standing Committee, or the special committee under Article 65-2 (3) of the National Assembly Act (hereinafter referred to as the “Committee”) shall conduct examinations or hold a personnel hearing regarding a bill for the approval of appointment or election by holding the personnel hearing pursuant to Article 65-2 of the National Assembly Act and requiring the candidate for public office to make an appearance before the Committee to ask questions and hear his/her answers and opinions. 〈Amended by Act No. Act No. 6856, Feb. 4, 2003; Act No. 10329, May 28, 2010〉
(2) If necessary, the Committee may examine evidence, such as hearing testimony and statements from a witness, expert witness, or reference witness.
Article 5 (Documents Attached to Bill for Approval of Appointment or Election)
(1) A bill for the approval of appointment or election, which shall be presented to the National Assembly, shall be accompanied by a statement explaining the reasons for request or the Speaker’s letter of recommendation and documents evidencing the following matters: 〈Amended by Act No. Act No. 6856, Feb. 4, 2003; Act No. 7627, Jul. 29, 2005〉
1. Matters regarding occupation, educational background, and career;
2. Matters regarding the report on military service under the Act on the Report and Disclosure of Military Service Records of Public Officials;
3. Matters regarding the report on assets under Article 10-2 (2) of the Public Service Ethics Act;
4. Records of payments and delinquency of income tax, property tax, and aggregate land tax for the recent five years;
5. Criminal records.
(2) A person with authority to appoint (including the President-elect), or a person with authority to nominate shall present documents under the subparagraphs of paragraph (1) to the Speaker for a candidate for public office whose appointment requires the approval or a personnel hearing by the National Assembly, while a candidate for public office who is elected by the National Assembly shall present such documents to the Speaker for him/herself. 〈Amended by Act No. Act No. 6856, Feb. 4, 2003; Act No. 7627, Jul. 29, 2005〉
(3) If necessary, a candidate for public office who is elected by the National Assembly may request the documents under the subparagraphs of paragraph (1) from the head of a Stage agency, a local government, or any other appropriate agency, and the head of such agency shall comply therewith.
Article 6 (Referral of Bills for Approval of Appointment or Election)
(1) When a bill for the approval of appointment or election is presented, the Speaker shall immediately report it to the plenary session and refer the bill to the Committee, and shall bring the bill before the plenary session for approval or require the chairperson of the Committee to report it to the plenary session after the examination or a personnel hearing thereon is completed: Provided, That if it is impossible to report it to the plenary session due to the closure or recess of the plenary session, the bill may be referred without filing a report. 〈Amended by Act No. Act No. 6856, Feb. 4, 2003〉
(2) The National Assembly shall complete examination or a personnel hearing within 20 days from the day on which a bill for the approval of appointment or election is presented. 〈Amended by Act No. Act No. 6856, Feb. 4, 2003〉
(3) If the Committee fails to complete a personnel hearing on a candidate for a justice of the Constitutional Court, a member of the National Election Commission, a member of the State Council, the Chairman of the Korea Communications Commission, the Director of the National Intelligence Service, the Chairman of the Fair Trade Commission, the Chairman of the Financial Services Commission, the Chairperson of the National Human Rights Commission of Korea, the Head of the Corruption Investigation Office for High-Ranking Officials, the Commissioner of the National Tax Service, the Prosecutor General, the Commissioner General of the Korean National Police Agency, the Chairman of the Joint Chiefs of Staff, the Governor of the Bank of Korea, the Special Inspector General, or the President of the Korean Broadcasting System (hereinafter referred to as “justice of the Constitutional Court, etc.”) and so the National Assembly fails to forward a report on the proceedings of the personnel hearing within the period under paragraph (2) due to extenuating circumstances, the President, the President-elect, or the Chief Justice of the Supreme Court may request the National Assembly to forward the report on the proceedings of the personnel hearing within a period specified by him/her up to ten days from the day immediately following the expiration of the period under paragraph (2). 〈Newly Inserted by Act No. Act No. 6856, Feb. 4, 2003; Act No. 7627, Jul. 29, 2005; Act No. 8686, Dec. 14, 2007; Act No. 8867, Feb. 29, 2008; Act No. 11415, Mar. 21, 2012; Act No. 12422, Mar. 18, 2014; Act No. 12677, May 28, 2014; Act No. 17488, Aug. 18, 2020〉
(4) If the National Assembly fails to forward the report on the proceedings of the personnel hearing on a candidate for a justice of the Constitutional Court, etc. within the period specified in paragraph (3), the President or the Chief Justice of the Supreme Court may appoint or designate the candidate as a justice of the Constitutional Court, etc. 〈Newly Inserted by Act No. Act No. 6856, Feb. 4, 2003; Act No. 7627, Jul. 29, 2005; Act No. 8686, Dec. 14, 2007〉
Article 7 (Questions, etc. by Members)
(1) The Committee shall have a candidate for public office swear an oath and then hear his/her opening statement for not more than ten minutes.
(2) A candidate for public office shall take an oath referred to in paragraph (1) as follows:
“I, as a candidate for public office, do swear to tell the truth, as it is, according to my conscience without hiding or adding anything.”
(3) The question time for each member shall be determined by the chairperson of the Committee, subject to consultation with secretaries.
(4) The Committee shall follow the format of a question followed by an answer: Provided, That if the Committee resolves otherwise, questions may be asked in any other way, such as questions en masse.
(5) If a member intends to ask questions to a candidate for public office, he/she shall prepare a summary of questions in detail and shall submit it to the chairperson of the Committee by no later than 24 hours before the opening of the personnel hearing. In such cases, the chairperson of the Committee shall forward the summary of questions to the candidate for public office without delay.
(6) A member may ask questions to a candidate for public office in writing. In such cases, the member shall submit a written list of questions to the chairperson of Committee, and the chairperson of the Committee shall forward the list of questions to the candidate for public office so that it reaches the candidate by not later than five days before the opening of the personnel hearing, and the candidate for public office shall submit a written answer to the chairperson of the Committee by not later than 48 hours before the opening of the personnel hearing. 〈Amended by Act No. 7627, Jul. 29, 2005〉
(7) Articles 14 and 15 shall apply mutatis mutandis to written answers.
Article 8 (Requests, etc. for Appearance of Witnesses, etc.)
When the Committee requests a witness, expert witness, or reference witness to make an appearance, it shall forward a written request for appearance by not later than five days before the date on which such appearance is requested.
Article 9 (Session Period, etc. of Committee)
(1) The Committee shall complete a personnel hearing within 15 days from the date on which a bill for the approval or election is referred to the Committee, but the period of the personnel hearing shall not exceed three days: Provided, That if it fails to complete the personnel hearing on a candidate for a justice of the Constitutional Court, etc. due to an extenuating circumstance and thus another period is specified pursuant to Article 6 (3), it shall complete the personnel hearing within the extended period. 〈Amended by Act No. 6660, Mar. 7, 2002; Act No. Act No. 6856, Feb. 4, 2003; Act No. 7627, Jul. 29, 2005; Act No. 8686, Dec. 14, 2007〉
(2) The Committee shall submit a report on the proceedings of examination or a personnel hearing to the Speaker within three days from the date on which the personnel hearing is completed regarding a bill for the approval of appointment or election. 〈Amended by Act No. 6660, Mar. 7, 2002; Act No. Act No. 6856, Feb. 4, 2003〉
(3) If the Committee fails to complete the examination or the personnel hearing on a bill for the approval of appointment or election (excluding a bill requesting a personnel hearing on a candidate for public office that requires the personnel hearing by the National Assembly pursuant to any other Act in accordance with Article 65-2 (2) of the National Assembly Act) within the period specified in paragraph (1) or (2) without justifiable grounds, the Speaker may bring the bill directly before the plenary session for approval. 〈Amended by Act No. 6856, Feb. 4, 2003〉
Article 10 (Reports on Proceedings)
(1) The Committee shall describe the proceedings of examination or personnel hearing in the report that it submits to the Speaker pursuant to Article 9 (2) and shall attach important evidential documents relevant to the report. 〈Amended by Act No. Act No. 6856, Feb. 4, 2003〉
(2) Upon the submission of a report, the Speaker shall print and distribute it to assembly-persons before including it in the agenda: Provided, That the foregoing process may be omitted in cases of emergency.
(3) A report on the proceedings of a personnel hearing on a candidate for the Prime Minister under the proviso to Article 46-3 (1) of the National Assembly Act, among reports on the proceedings of a personnel hearing under paragraph (1), shall be deemed a report on the proceedings of examination on a bill for the approval of appointment to the Prime Minister. 〈Newly Inserted by Act No. Act No. 6856, Feb. 4, 2003〉
Article 11 (Reports, etc. by Chairperson)
(1) The chairperson of the Committee shall report to the plenary session on the proceedings of examination or a personnel hearing by the Committee on a bill for the approval of appointment, when the Committee completes the examination or the personnel hearing.
(2) When the proceedings of a personnel hearing on a candidate for public office under Article 65-2 (2) of the National Assembly Act are reported, the Speaker shall forward the report on the proceedings of the personnel hearing to the President, the President-elect, or the Chief Justice of the Supreme Court without delay: Provided, That if the chairperson of the Committee is unable to report to the plenary session on the proceedings of a personnel hearing due to the closure or recess of the session or due to extenuating circumstances after the personnel hearing is completed, the chairperson of the Committee shall report the proceedings to the Speaker who shall, then, forward the report on the proceedings of the personnel hearing to the President, the President-elect, or the Chief Justice of the Supreme Court. 〈Amended by Act No. 7627, Jul. 29, 2005; Act No. 8686, Dec. 14, 2007〉
Article 11-2 (Legal Fiction about President-Elect’s Actions)
When the term of office for a new President begins after the President-elect requested a personnel hearing on a candidate for a member of the State Council pursuant to Article 5 (2) of the Presidential Transition Act, actions done by the President-elect in regard to the personnel hearing shall be deemed actions done by the President.
Article 12 (Requests for Submission of Materials)
(1) The Committee may request a state agency, local government, or any other agency to submit materials directly related to the personnel hearing on a candidate for public office by its resolution or at the request of at least one-third of incumbent members.
(2) Upon receipt of a request under paragraph (1), materials shall be submitted within five days, except where the period is specified otherwise.
(3) When an agency requested to submit materials pursuant to paragraph (1) fails to submit them within the period under paragraph (2), it shall submit a statement explaining the reasons for its failure. In such cases, the statement explaining the reasons so submitted shall be accompanied by a report on the proceedings of examination or a report on the proceedings of the personnel hearing. 〈Newly Inserted by Act No. Act No. 6856, Feb. 4, 2003〉
(4) If an agency requested to submit materials pursuant to paragraph (1) fails to submit them within the period under paragraph (2) without good cause, the Committee may issue a warning to the agency. 〈Newly Inserted by Act No. Act No. 6856, Feb. 4, 2003〉
Article 13 (Verification)
If necessary for a personnel hearing on a candidate for public office, the Committee may conduct verification by its resolution.
Article 14 (Personnel Hearings Open to Public)
A personnel hearing shall be held open to the public: Provided, That the Committee may pass a resolution to hold a personnel hearing closed to the public in any of the following cases:
1. Where a matter involves a State secret, such as a military affair or diplomatic affair, and thus it is necessary for national security;
2. Where it is obvious that an individual’s reputation or privacy is likely to be unduly violated;
3. Where information about a legitimate financial or commercial transaction of an enterprise or an individual is likely to be disclosed;
4. Where it is obvious that materials that will affect a pending trial or the prosecution of a case under investigation is likely to be disclosed;
5. Where it is necessary to maintain confidentiality pursuant to any other statutes and thus it is found necessary to hold the personnel hearing closed to the public.
Article 15 (Protection of Candidates for Public Office, etc.)
When a candidate for public office, witness, or reference witness who makes an appearance before the Committee requests that a personnel hearing be held closed to the public on an extraordinary ground in answering questions or giving testimony, the Committee may pass a resolution to hold the personnel hearing closed to the public. In such cases, the grounds for the closed hearing shall be supported by evidence in a closed meeting.
Article 15-2 (Assistance to Candidates for Public Office, etc.)
A State agency may render minimum administrative assistance, if necessary, for a personnel hearing to a candidate for public office under this Act.
Article 16 (Refusal to Answer, etc.)
(1) If a candidate for public office is subject to the proviso to Article 4 (1) of the Act on Testimony, Appraisal, etc. before the National Assembly, he/she may refuse to give an answer or submit materials.
(2) If a candidate for public office is subject to Article 148 or 149 of the Criminal Procedure Act, he/she may refuse to give an answer or submit materials. In such cases, the grounds for refusal shall be supported by evidence.
Article 17 (Abstention and Withdrawal)
(1) If a member has a direct interest with a candidate for public office or there exist sufficient grounds to believe that a member will not be impartial, the member shall not participate in a personnel hearing for the candidate for public office;
(2) Where the Committee finds that there exist grounds for abstention of a member, it may have the member abstain from participation in a personnel hearing by its resolution and shall re-elect another member to participate in examination or the personnel hearing. 〈Amended by Act No. Act No. 6856, Feb. 4, 2003〉
(3) A member who falls under the grounds referred to in paragraph (1) may withdraw his/her participation in the personnel hearing only on the candidate for public office by obtaining permission from the Committee.
Article 18 (Duty of Care)
(1) No member shall knowingly make any false representation as if it is true nor make any threatening or abusive statement.
(2) Neither a member nor an office assistant shall disclose any confidential information which became known to him/her in the course of examination or a personnel hearing on a bill for the approval of appointment or election without good cause. 〈Amended by Act No. Act No. 6856, Feb. 4, 2003〉
Article 19 (Provisions Applicable Mutatis Mutandis)
As to the composition and operation of the Committee and the procedure for, and the operation of personnel hearings, the National Assembly Act, the Act on the Inspection and Investigation of State Administration, and the Act on Testimony, Appraisal, etc. before the National Assembly shall apply mutatis mutandis, except as otherwise expressly provided for in this Act.
ADDENDA
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Transitional Measures) The Special Committee on Personnel Hearings formed pursuant to Article 44 of the National Assembly Act with regard to the approval of appointment of the Prime Minister (Lee Han-Dong) and a public hearing opened pursuant to Article 65 of the said Act as at the time this Act enters into force shall be deemed the Committee and a personnel hearing under this Act respectively.
ADDENDUM 〈Act No. 6660, Mar. 7, 2002〉
This Act shall enter into force on the date of its promulgation.
ADDENDUM 〈Act No. 6856, Feb. 4, 2003〉
This Act shall enter into force on the date of its promulgation.
ADDENDUM 〈Act No. 7627, Jul. 29, 2005〉
This Act shall enter into force on the date of its promulgation.
ADDENDUM 〈Act No. 8686, Dec. 14, 2007〉
This Act shall enter into force on the date of its promulgation.
ADDENDA 〈Act No. 8867, Feb. 29, 2008〉
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDUM 〈Act No. 10329, May 28, 2010〉
This Act shall enter into force on the date of its promulgation.
ADDENDUM 〈Act No. 11415, Mar. 21, 2012〉
This Act shall enter into force on May 30, 2012.
ADDENDA 〈Act No. 12422, Mar. 18, 2014〉
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 Omitted.
ADDENDA 〈Act No. 12677, May 28, 2014〉
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDUM 〈Act No. 17123, Mar. 24, 2020〉
This Act shall enter into force on the date of its promulgation.
ADDENDUM 〈Act No. 17488, Aug. 18, 2020〉
This Act shall enter into force on the date of its promulgation.
Act No. 6271, jun. 23, 2000
Amended by Act No. 6660, Mar. 7, 2002
Act No. 6856, Feb. 4, 2003
Act No. 7627, Jul. 29, 2005
Act No. 8686, Dec. 14, 2007
Act No. 8867, Feb. 29, 2008
Act No. 10329, May 28, 2010
Act No. 11415, Mar. 21, 2012
Act No. 12422, Mar. 18, 2014
Act No. 12677, May 28, 2014
