Le legislative del 2020 vennero vinte dai democratici in maniera netta: significa che per i prossimi due anni almeno non potrà fare danni o potrà ugualmente? Non sono praticissimo col bilanciamento dei poteri coreano...
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Yoojin Lim and Jungho Roh, "Political Institutions in Korea" dal Routledge Handbook of Korean Politics and Public Administration
The President
The Constitution of the Republic of Korea stipulates that the President plays two major roles (Chapter IV. The Executive). As the head of state, the President represents the country in both domestic and foreign affairs (Article 66). The President plays the roles of chief diplomat and foreign policy maker. Treaties with other countries are to be signed by the President. At the same time, the President serves as the chief administrator. First, he or she issues decrees and orders and implements the laws passed by the KNA. Also, the President appoints public officials, including the PM and the 23 Ministers. He or she is the chairperson of the State Council, which is the chief executive body for policy deliberation that the President, the PM, and the 18 executive Ministers participate in. Second, the President is the commander- in-chief of the armed forces. He or she is authorized to control the military and has the power to declare war. Third, the President approves national budget Bills formulated by the government (National Finance Act, Article 32). It is the government that formulates and submits it to the KNA, but it should also obtain the approval of the President (Article 54). In addition, the President has the overwhelming power to be called as an “imperial president” (Cho 2004; Kim 2004, 2007). The President issues orders having the effect of Act such as a financial and economic emergency action without consent from the KNA “in time of internal turmoil, external menace, natural calamity, or a grave financial or economic crisis” (Article 52). The President also contributes to policy-making and law-making. He or she has the right to give his/her opinion, which includes proposing and rejecting bills to the KNA (Article 53).
Checks and balances between the executive and the Legislative
The President of the Republic of Korea is the head of the Executive branch and thus has the highest authority and accountability for policy enforcement. Because the President is directly elected by the people, his/her legitimacy rests thereupon. Therefore, the President is accountable not to the Legislative but to the people. Once a president is elected, the nonrenewable five-year term is guaranteed, except in the case that the elected president is impeached. Likewise, the KNA members enjoy a four-year term; and, unlike in the parliamentary system, the President cannot dissolve the Legislative. As an instrument to check the KNA, the President has the power to veto resolutions and legislations of the KNA. A total of 66 presidential vetoes were exercised between the 1st (1948–1950) and 19th KNA (2012–2016).8 Note that there were eight vetoes in the 5th KNA, but the vetoes were exercised by the upper house (Chamuiwon) under the parliamentary and bicameral system. Figure 2.2 reports the number of presidential vetoes by the KNAs. Many of these were exercised by President Rhee in the first two KNAs. A notable seven vetoes were exercised by the President Roh Tae-woo in the 13th KNA, which was the first KNA assembled since Korea’s democratization in 1987.
Since then, the presidential vetoes have tended to decrease. The KNA also has powers to control the Executive. First, the KNA has the right to inspect the Executive. The KNA regularly conducts inspections of the government offices regarding the policy implementation by the Executive. Second, the KNA has the right of interpellation on the overall government affairs or specific agendas. The KNA can demand that a government official attend the interpellation session and explain some acts or policies. Third, the KNA has the authority for impeachment motions. According to the Article 65, Paragraph 1 of the Constitution, [i]n case the President, the Prime Minister, members of the State Council, heads of Executive Ministries, Justices of the Constitutional Court, judges, members of the National Election Commission, the Chairman and members of the Board of Audit and Inspection, and other public officials designated by Act have violated the Constitution or other Acts in the performance of official duties, the National Assembly may pass motions for their impeachment.
As for the impeachment of the President, the proposal should be made by the majority of the KNA members. A motion for the impeachment of the President can be approved by two thirds or more members in favor. Once approved, the impeachment proceedings shall be passed to and finally be determined by more than six approvals among nine Justices in the Constitutional Court. Fourth, the presidential appointments of key government officials require the consent of the KNA. These include the PM, the president of the Constitutional Court, and the chairperson of the BAI. Moreover, the KNA can also “pass a recommendation for the removal of the Prime Minister or a State Council member from office (Article 63, Paragraph 1 of the Constitution).” After the democratization, many presidential appointments of PMs have been delayed or rejected by the KNA (JoongAng Ilbo, April 21, 2015).