Saturday, April 9, 2011

Week5, Pg. 58, Yooran Kim : How laws are made

How laws are made

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Yooran Kim

 

There is a saying that 'all men are equal before the law.' We establish a law. We observe the law. We are protected in the law. Everyone knows that we are living in the law. But does anyone know how are the laws made? There are four important steps to make an effective law.

The first process is introducing a bill. Anyone, any group, or any party can introduce a bill. The formal name of this bill is 'a draft of a law.' If government or a member of National Assembly presents a bill to the National Assembly, the chairman of the National Assembly refers this bill to the Legislation and Judiciary Committee. Officials in the Legislation and Judiciary Committee examine the proposal thoroughly. They amend and revise the proposal if necessary, and go to a division.

Next, if the bill comes to the National Assembly Standing Committee, it is put to a vote. The bill can be passed if it gains a majority vote, but can be failed if it doesn't. The bill passed by majority is submitted to the Assembly plenary session. Sometimes there's an occasion that circumstance doesn't allow the bill to go through the National Assembly Standing Committee. Then, the chairman of the National Assembly can bring in the bill right to the Assembly plenary session. It is called 'Authority Introduction.' This bill is decided by majority ayes and majority attendance by vote. The chairman carries this to the Korean president.

Third, if the president signs a bill, the bill takes effect. But if the president doesn't sign and exercises veto, the bill is sent back to the National Assembly. Here is a funny thing. If the National Assembly passes the bill again which was sent back by president, the president can not exercise veto again, and the bill comes into force without reference to agreement of the president.

Finally, the bill is confirmed. If it is proclaimed, it should be within 15 days. Nevertheless, it becomes effective.

So far, we have reviewed all the process of making law. It sounds pretty simple. However, it can take a long time till it becomes effective. There can be so many people or groups who are against a bill, and law gives enough time (few weeks) in each process for people or group to protest and be ready to make opposite opinion. Also, if there are many things to be amended, your bill can take really long time to go even near the National Assembly Standing committee. It is important to observe the law. But as long as the law are made by us, people, it is also important to know how laws are made and what we can do to make a better law for us.

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