On May 29, 2015, Korean National Assembly passed a revision bill of the National Assembly Act, allowing the legislature to demand the executive to amend certain kinds of administrative legislation, such as presidential decrees, ordinances of the prime minister, departmental ordinances in case that administrative legislation are not accordant to the legislation. The revision bill practically empowered the National Assembly to modify administrative legislation.
This means the National Assembly can have authority to amend administrative legislation if it does not accord with legislation, the bottom line is whether it is a breach of the separation of powers or not. The scholars were divided into two groups on the issue. One argued the revision clause is unconstitutional because it violates the principle of the separation of powers, the other insisted the amendment is constitutional since Congress ultimately has the power of legislation, and the executive can make administrative legislation within the ranges of delegation of the National Assembly.
The revision bill of the National Assembly Act above seems unconstitutional.
Mostly, it is against the separation of powers doctrine. It violates the article 75 and 95 of the Korean Constitution.
Next, The legislative veto in the revision bill of the National Assembly Act violates the Presentment Clause, the article 53 of the Korean Constitution, because it make legislation omit the presentment to and the review by the President. The action of the House of Representatives is legislative in nature because it has an effect to modify legislature. The presentment clause and the presidential veto clause specifically stated by the Constitution for legislative action must be strictly observed in the enactment of law.
Moreover, the legislative veto in the case violated the Legislative Proceedings Clause because it was exercised solely by the Committee of the House of Representatives.
Moreover, the power to enact laws must be exercised by the Congress as expressly stated by the Constitution, the power to require the amendment of certain executive agency rules should not be exercised by a committee of the Congress but by the general meeting of the National Assembly.
In Korea, it is very limited possibility of judicial review on administrative legislation, we need to enlarge the control of administrative legislation by the Congress. But the method should be basically precontrol method. If it is designed as a postcontrol system, it should not exceed the report of administrative legislation by the executive branch and submit a comment by the Congress to the executive.