국회의원의 면책특권의 제한

Abstract

The National Assembly Member's immunity from responsibility is regulated in Article 45 of Constitution of the Republic of Korea. In the past time, the National Assembly member had exercised this immunity from responsibility to reveal, and to correct the concealment, the inventions and fabrication of unlawful exercise power by power authority, power man and community officials. Recently, the National Assembly member often make use of this immunity from responsibility, disclose false contents in the point of party politics, has the advantage of political situation and public opinion. Particularly, if the National Assembly member pour down political attack for the other party by making use of this immunity from responsibility about election time, this political attack distort public opinion, and bring to reverse of election, and infringe the pair election principle. Therefore, it need to restrict the immunity from responsibility of the National Assembly member. In this paper, I will trying to work the following questions. First, I will trying to find out the meaning of immunity responsibility and the historical record of immunity from responsibility. Second, I will trying to study the necessity of the restriction on immunity from responsibility. To restrict on immunity from responsibility, the Constitution of the Republic of Korea Article 45 prescribed "No member of the National Assembly shall be held responsible outside the National Assembly for opinions officially expressed or votes cast in the Assembly". In this sentence, I focus on "for opinions officially expressed", and re-set up the meaning of it and then I will try to present the method of the restriction on the immunity from responsibility.