Volume 03 Issue 11-2023
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International Journal of Advance Scientific Research
(ISSN
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2750-1396)
VOLUME
03
ISSUE
11
Pages:
256-263
SJIF
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MPACT
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(2021:
5.478
)
(2022:
5.636
)
(2023:
6.741
)
OCLC
–
1368736135
A
BSTRACT
The article highlights the activities of parliamentary control of the National Assembly of the Republic of
Korea in the field of defense and security. Civil-military relations in society are analyzed, as well as the legal
and constitutional mechanisms that ensure democratic civilian control over the army.
K
EYWORDS
National Assembly, civil society, Constitution, public relations, historical character, armed forces, security,
parliament, control.
I
NTRODUCTION
The issue of national defense and citizen security
occupies a central place in national politics.
Increasing the efficiency of management in such
an important area as national security, based on
legal requirements, is one of our priorities
[1.B.223]. The policy must combine all the values
and principles related to defense and security,
and the state must protect these values and
principles. It is vital that representatives elected
by the people work closely with the government
on defense and security matters. This cooperation
is aimed at peace in the country and the safety of
citizens. For this reason, the world's parliaments
are empowered to exercise control over defense
and security through their national legislation. To
study the experience of parliaments of developed
countries in the implementation of parliamentary
control in the field of defense and security, to
Journal
Website:
http://sciencebring.co
m/index.php/ijasr
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
Research Article
PARLIAMENTARY OVERSIGHT OF DEFENSE AND SECURITY
IN THE REPUBLIC OF KOREA
Submission Date:
November 15, 2023,
Accepted Date:
November 20, 2023,
Published Date:
November 25, 2023
Crossref doi:
https://doi.org/10.37547/ijasr-03-11-42
Karimov Tulkin Paizievich
Independent Researcher The Higher School Strategic Analysis And Prognosis Of The Republik Of
Uzbekistan
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256-263
SJIF
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(2022:
5.636
)
(2023:
6.741
)
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identify objective and subjective factors that
negatively affect the application of laws in
practice, in turn, will serve to enrich our national
experience in the field of effective organization of
relations between government authorities and
defense and security authorities , parliamentary
control in this area, determining measures aimed
at eliminating existing shortcomings in the
system.
Located in the southern part of the Korean
Peninsula in East Asia, the Republic of Korea
(informally known as South Korea) has a
population of over 51 million people and is the
27th largest country in the world by population
and 107th largest by area. The Republic of Korea
was founded in 1948 and is a unitary state. The
head of state in this country is the president,
elected in national elections for a period of 5
years. Legislative power belongs to the
unicameral National Assembly, headed by the
Speaker.
The South Korean military was created in 1948
after Korea was liberated from the Japanese
Empire and became a republic. If we look at the
composition of the armed forces, the manpower
is 25,922,417, tanks 2,331, aviation 1,602 and
submarines 22. The military budget for 2023 is
set at 42.1 billion US dollars[2]. In the ranking of
the ten most powerful armies in the world, the
military power of which is assessed by Global
Firepower according to more than 50 different
criteria, the South Korean army ranks 6th (2023)
[3]. The Republic of Korea conducts regular
exercises with both active and reserve forces. In
terms of the number of military personnel per
capita, the country ranks second in the world
after the DPRK with 555,000 active military
personnel and 500,000 reserve forces [4].
The president of the country is the commander-
in-chief, and the minister of defense is the head of
the armed forces. The operational leadership and
strategic planning of the armed forces is carried
out by the Joint Chiefs of Staff.
South Korea is forced to maintain a relatively
large army due to what it perceives as a persistent
threat from its northern neighbor, the Democratic
People's Republic of Korea. The South Korean
military consists of the Army, Navy, Air Force and
Marine Corps. Most of these forces are
concentrated near the Korean demilitarized zone.
All men in South Korea are constitutionally
required to serve in the army, meaning military
service for men remains the same [5]. Military
service usually lasts 21 months. The Republic of
Korea spends 15% of its budget on the military
due to ongoing tensions with North Korea since
the 1950s.
The armed conflict between the two Korean
states in 1950-1953 had a negative impact on the
development of political modernization in the
Republic of Korea. The war and the long period of
confrontation that followed created fertile
ground for the further strengthening of the
military-state mechanism in South Korean
society; some elements of democracy were
abandoned, and the formation of democratic
values and institutions was delayed [6.B.15]. The
authoritarian structure of South Korean society
and the consolidation of its potential around the
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SJIF
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)
(2022:
5.636
)
(2023:
6.741
)
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–
1368736135
head of state best meets the interests of law
enforcement agencies and state security agencies;
special attention is paid to the participation of the
army in political life.
Traditionally, strengthening the state in the
Republic of Korea has always been the main task
of political, military and economic construction.
In the 1950s and 1960s, the deterioration of the
economic situation and the growth of
authoritarian tendencies against the backdrop of
socio-political unrest caused the collapse of the
First and Second Republics and prompted the
armed forces to take active action. As a result,
they came to power on the night of May 15-16,
1961. Thus began the quarter-century era of the
authoritarian military-bureaucratic regime [7].
Since the beginning of the 1960s, the role of the
army in the political life of the country has
steadily increased. Military circles have become
capable of purposefully managing economic,
social and political processes in a post-traditional
society. The authoritarian regime, supported by
an efficient bureaucracy, became the driving force
behind Korea's extraordinary economic growth
[8. B.42].
Strong governance, a clear economic program
and economic modernization in accordance with
the national traditions and interests of the Korean
people prefigured rapid economic development
during the authoritarian era of military elite rule.
It was not until the 1990s that major reforms
aimed at creating a new Republic of Korea and
democratizing society separated the army from
government and limited the military's ability to
intervene in the country's political life. The legal
basis for managing the Armed Forces was created
by Parliament and the highest executive
authorities [9. B.177-180]. In general, the
reorganization of national security agencies and
the armed forces in the spring and summer of
1993 deprived the intelligence services and the
army of the serious role that they had always
played in domestic politics, and directed their
activities only to solving issues of state security.
The 1987 Constitution of the Republic of Korea
established the primacy of three branches of
government, namely the legislative, executive and
judicial branches of government and society.
Legislative power is exercised by a unicameral
National Assembly, consisting of at least 200
people and having a four-year mandate (Articles
40, 41, 42) [10]. The meetings of the National
Assembly are open to the public, but meetings
necessary for reasons of national security may be
closed to the public by a majority vote of the
members present or by decision of the presiding
officer (Article 50). The National Assembly has
the power to pass laws (Article 53), consider and
approve or reject the draft state budget (Article
54), and determine by law the types and rates of
taxes (Article 59). Legal examination of draft laws
is carried out by the Ministry of State Legislation,
which checks not only the formal aspects of the
bill, but also the correct use of legal terminology
and legal language in it; practical necessity and
general relevance of the bill; compliance with the
principles of public policy; also verifies
compliance with the Constitution and current
legislation [11.B.26].
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The National Assembly has the power to declare
war, send the armed forces of the Republic of
Korea to foreign countries, or station the armed
forces of foreign countries in the Republic of
Korea.
According to the Constitution, the National
Assembly has the power to conclude and ratify
agreements on mutual assistance and security,
agreements concerning important international
organizations, friendship, trade agreements, any
documents related to the limitation of
sovereignty, peace treaties, financial obligations,
or legislative agreements. The National Assembly
has the right to investigate the activities of state
bodies or special issues of national importance,
and also has the right to demand the production
of documents directly related to the investigation
(Article 61).
The Prime Minister, members of the Council of
State or government representatives have the
right to participate in meetings of the National
Assembly, present reports to the Assembly or its
committees and answer questions. In general, the
National Assembly may require the executive to
attend meetings and provide explanations and
answers to questions on relevant issues. The
National Assembly also has the right to
recommend the dismissal of the Prime Minister or
a member of the Council of State.
The Assembly has the right to impeach the
President, the Prime Minister, members of the
Council of State, ministers, judges of the
Constitutional Court, judges, members of the
National Election Commission, the chairman and
members of the Accounting Council, as well as
other members of the government approved by
law, officials for violating the Constitution or
other laws in the exercise of their official powers.
The National Assembly has 16 standing
commissions, the work of which is headed by the
chairman of the committee, elected at the plenary
session of the National Assembly. Each committee
appoints three subcommittees to consider issues
within its purview. The committee chair and
committee member must serve on the same
committee for 2 years. There are two types of
sessions (plenary sessions) of the National
Assembly - regular and extraordinary. The next
plenary session of the National Assembly is held
once a year from September to December.
The National Defense Commission of the National
Assembly deals with issues of legislation in the
field of defense and security and carries out
control and analytical activities. The National
Defense Commission consists of 17 deputies and
34 assistants, 34 senior secretaries and 85
secretaries attached to them[12]. Also 3
subcommittees of 19 members:
1. Legal Security Review Subcommittee (7
members),
2. Budget and Accounts Review Subcommittee (7
members),
3. Subcommittee on Petitions (5 members)
composed of.
The National Defense Commission includes the
Department of National Defense, the Joint Chiefs
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SJIF
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(2022:
5.636
)
(2023:
6.741
)
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1368736135
of Staff of the Armed Forces, the Defense
Acquisition Program Management Agency and 40
organizations within their system. The activities
of the National Defense Commission are
transparent; the commission’s website publishes
the texts of bills received by the commission, the
conditions for discussing and adopting draft laws,
as well as information on how many deputies
voted in favor. For example, the bill “
On partial
amendments to the law on defense procurement”
was submitted to the National Defense
Commission on January 30, 2023 and adopted by
the National Assembly on April 27, 2023 [13].
Since 2016, 862 bills have been reviewed and
submitted to the National Assembly by the
National Defense Commission. 337 bills
considered by the National Defense Commission
will wait their turn to be considered by the
National Assembly from 2020. Some of these bills
will be canceled due to expiration, for example,
the bill “
On partial amendments to the law on
military service” was considered by the National
Defense Commission on October 4, 2016 and
submitted to the National Assembly for
discussion, but was canceled because the bill
expired expired May 29, 2020.,[14].
The National Defense Commission has the right to
hold public discussions on the implementation of
laws relating to this area and to hear reports from
senior management of the Ministry of National
Defense on relevant issues. On May 1, 2022, the
Department of National Defense released a report
on the implementation of the Military Service
Benefits for Vietnam Veterans Act as part of a
public comment session conducted by the
National Defense Commission.
The National Defense Committee of the National
Assembly adopted a decision on September 8,
2021, which discussed the careless handling of
government assets by the Ministry of National
Defense and the Defense Procurement Authority,
as well as the improper implementation of
compensation allocated to the May 18 Democratic
Movement. The Investigative Committee and the
Military Personnel Directorate were involved to
establish the facts. As a result of the audit of the
accounts, the National Defense Commission
accepted 89 requests for corrections, including 35
requests for corrections, 26 warnings, and 28
requests for institutional improvements.
According to the constitution, the president is
considered the commander-in-chief of the armed
forces and can make decisions with the force of
law when it is necessary to ensure the defense of
the country or maintain public order and it is not
possible to convene the National Assembly. The
President must immediately inform Parliament of
the decision and measures taken and obtain their
approval. If the adopted decision and measures
do not receive the approval of Parliament, these
decisions and measures lose their legal force
(Article 76). If the National Assembly votes by a
majority to abolish the military regime, the
President is subject to this requirement (Article
77).
The candidate for the post of Prime Minister is
appointed by the President with the approval of
the National Assembly. A person on active
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military service cannot be appointed to the post
of Prime Minister or must be removed from active
military service. In the Republic of Korea,
executive power is exercised by the State Council.
The President is the Chairman of the State
Council, and the Prime Minister is the Deputy
Chairman. The powers of the Council of State are
to plan state activities and general government
policies; declare war, make peace; Preparation of
a draft law on amendments and additions to the
Constitution, preparation of a proposal to hold a
national referendum; economic measures in
emergency situations, preparation of presidential
decrees on the introduction or lifting of martial
law and other important military issues.
The State Council also has the right to appoint the
Prosecutor General, the Chairman of the Joint
Chiefs of Staff of the Armed Forces, the chiefs of
staff of each branch of the army, the rectors of
state universities, ambassadors and other
government officials in accordance with the law
[10].
The National Assembly and its National Defense
Committee participate in the development of the
country's defense system not only by improving
its legal framework, but also by consistently
monitoring the implementation of adopted laws.
Ensuring effective parliamentary control in the
field of defense and security requires adherence
to the following principles:
-
increase the level of security of citizens and
state security;
-
allow parliament to monitor the defense and
security sector, make changes to security
policies and procedures and ensure
compliance with international standards;
-
introduction
of
transparency
and
accountability mechanisms in the field of
defense and security;
-
Development and promotion of a democratic
culture based on respect for the rule of law
and human rights in defense and security
institutions;
-
Establishing an effective system of checks and
balances to prevent violations or violations of
human rights by defense and security sector
actors;
-
Cost-effective management of the defense and
security sector, preventing misuse of
resources;
reduce
the
likelihood
of
corruption;
-
effective management of human and financial
resources,
including
management
of
professional development through effective
disciplinary
measures,
encouraging
professionalism;
-
ensuring the participation of government
institutions in the management of the defense
and security sphere.
The experience of parliamentary control of the
National Assembly of the Republic of Korea and
its National Defense Committee shows that the
effective organization of parliamentary control in
the field of defense and security remains an
important factor in the country's security,
economic
development
and
democratic
governance.
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