憲法上의 特權制度

Constitutional Law and Privilege

The privilege of political party is constitutionally political decision-making on behalf of the people in original meaning. So, political party cannot compulsorily be broken up at random, because it has significant task like this. Only it can be broken up by the judgment of constitutional court unlike any associations to the public. Members of the National Assembly is a representative organization as well as an independent constitutional organization. Members of the National Assembly must accomplish his/her duty based on his/her belief following his/her conscience as a representative of the people. For this, Members of the National Assembly must have any protector from the administration owning powerful organization, attached political party, gigantic forces and voters in society, even fellow Members of the National Assembly. Constitutional protector about this can be his/her the non-apprehension privilege and the privilege of exemption from liability for one's speech in the National Assembly. The privilege of social status is provided to the president to reflect righteously his/her exercizing the administrative right in running government. According to the 84th article in the constitution, the pres ident cannot be prosecuted penally in office. The president cannot be dismissed from his/her public office either, if he is not impeached.