국정감사ㆍ조사제도의 재조명

Review of the Inspection and Investigation of State Affairs Conducted by the National Assembly

Under the Article 61 of the Constitution of the Republic of Korea, the National Assembly is authorized to Inspect affairs of state regularly and to Investigate specific matters of state affairs. The regular inspection of state affairs is conducted once a year during the ordinary session of the National Assembly. whereas the Investigation of a specific matter of state affairs may take place when deemed necessary The regular Inspection of state affairs by the legislative branch is quite unique. in that no comparable Instrument can be found in other countries As a means to carry out Inspection or Investigation. the National Assembly may demand production of documents and appearance of witnesses This paper first briefly reviews how the two Instruments were Incorporated Into the current Constitution, and how they are conducted The paper then examines some problems related to the Institution. followed by some suggestions on ways to address them. which boll down to the following points' First. each parliamentary committee must cut down the number of government organizations under Inspection To date. far too many organizations have been subject to Inspection that lasts less than 20 days each year Second. each parliamentary committee must take steps to minimize the amount of documents demanded of each government agencies Third. the Inspection outcome of a specific government entity must be reviewed as a reference point for the Inspection of the same entity the following year, to check whether the policy suggestions of the previous year have been effectively put in place Fourth. minority parties should also be allowed to summon witnesses of their own during the investigation of a specific matter At least a day during the committee hearing schedule should be dedicated to minority parties for this purpose, Fifth. the National Assembly should take measures to ensure that witnesses tell the truth at committee hearings In this vein. the court must be stricter in punishing witnesses indicted for absence or for not telling the truth before a committee hearing Sixth. the National Assembly should be allowed enough discretion in setting the boundaries of parliamentary investigative power. in case the matter In question is also under the investigation by the prosecution