❑ With regard to requesting information from the National Assembly to the execu-tive, in that case that data ware not submitted or delayed, error is likely to occur in the legislative process of the National Assembly. Due to asymmetric information between the National Assembly and the executive, the National Assembly can be difficult to supervise and check, which is referred as distinct role. And problem re-lated to request data may cause the meeting to be adjourned or delayed so that negatively affect the productivity of legislative activities.
❑ However, as for data requirements which is not submitted and delayed to the national assembly, statistics would not be managed in a systematic manner. There-fore, this report is intended to investigate the cases of being delayed or not submit-ted, and then institutional improvement would be made by analyzing domestic and foreign cases.
❑ The National Assembly Budget Office, pursuant to Article 10 of the National Assembly Budget, has the right to request information to the state agencies.
❑ During the year 2009, there was eight prominent cases which requested data was not submitted to the National Assembly Budget Office.
-Two cases each to Min-istry of Strategy and Finance and Minister of Land, Transport and Maritime Af-fairs, One case each to Ministry of Justice, Supreme Court of Korea, Ministry of Public Administration and Security, Ministry of Patriots & Veterans Affairs, Min-istry of Unification and National Emergency Management Agency.
❑ Overdue submission was occurred in case that some defects among the request-ed data were found or data to be submitted was sensitive issue to relevant ministries.Unclear reasons for denial of submission, submit valid regulations, lack of regula-tory sanctions.
❑ In case of requesting data to the all ministries under the executive, the ministry which was submitted data on time is considered as the target of budget adjustment or settlement of account, but any action was not taken to the ministry which didn’t submit any data. if this reverse discrimination was repeated, the problem would be worsened.
-Ministries which submitted financial data ended up with reducing set-tlement of accounts, whereas all ministries under the executive only accounts for 50 percent reduction occupying in the Land and Maritime Affair until after settlement of accounts deliberation ended by delaying submission of required settlement of ac-counts rectification evasion.
❑ Institutional improvement should be required by reflecting the legislative ex-ample of American Congressional Supporting Organization (CBO, CRS, GAO) and Ministry of Strategy and Finance and the Board of Audit and Inspection of Korea etc. and other agencies.
◦ expression of rights
-The National Assembly Budget Office, the request and require needs to be mixed, but instead requires the Board of Audit and Inspection of the request using the expression.
◦ Procedure data requirements
-It is required for the National Assembly Budget Office to request data with the permission of the speaker, but Congressional Budget Office (CBO) in state or other Congressional Support Organization asked data without the permission procedure of the speaker.
◦ Submissions period
-The National Assembly Budget Office Act does not set the data submission pe-riod, whereas other legislatures set the period of the data submitted within the pre-scribed period, for instance, regulation applied here is to submit data within 10 days .
◦ Submission rejection reason
-The National Assembly Budget Office Act provide the right to request the infor-mation needed without Special Reasons to be materialized. However according to the Act on Testimony, Appraisal, etc. before the National Assembly. agencies re-quired to submit the data cannot reject their responsibility if subject of the data is not about military, diplomatic, military secrets of relationship with North Korea, which can affect the National Security.
◦ Sanctions for not submitted data
-The National Assembly Budget Office Act cannot impose sanction when re-quested data was not submitted. Whereas the Board of Audit and Inspection Act can impose regulatory penalties based on the legal regulations.
❑ However, as for data requirements which is not submitted and delayed to the national assembly, statistics would not be managed in a systematic manner. There-fore, this report is intended to investigate the cases of being delayed or not submit-ted, and then institutional improvement would be made by analyzing domestic and foreign cases.
❑ The National Assembly Budget Office, pursuant to Article 10 of the National Assembly Budget, has the right to request information to the state agencies.
❑ During the year 2009, there was eight prominent cases which requested data was not submitted to the National Assembly Budget Office.
-Two cases each to Min-istry of Strategy and Finance and Minister of Land, Transport and Maritime Af-fairs, One case each to Ministry of Justice, Supreme Court of Korea, Ministry of Public Administration and Security, Ministry of Patriots & Veterans Affairs, Min-istry of Unification and National Emergency Management Agency.
❑ Overdue submission was occurred in case that some defects among the request-ed data were found or data to be submitted was sensitive issue to relevant ministries.Unclear reasons for denial of submission, submit valid regulations, lack of regula-tory sanctions.
❑ In case of requesting data to the all ministries under the executive, the ministry which was submitted data on time is considered as the target of budget adjustment or settlement of account, but any action was not taken to the ministry which didn’t submit any data. if this reverse discrimination was repeated, the problem would be worsened.
-Ministries which submitted financial data ended up with reducing set-tlement of accounts, whereas all ministries under the executive only accounts for 50 percent reduction occupying in the Land and Maritime Affair until after settlement of accounts deliberation ended by delaying submission of required settlement of ac-counts rectification evasion.
❑ Institutional improvement should be required by reflecting the legislative ex-ample of American Congressional Supporting Organization (CBO, CRS, GAO) and Ministry of Strategy and Finance and the Board of Audit and Inspection of Korea etc. and other agencies.
◦ expression of rights
-The National Assembly Budget Office, the request and require needs to be mixed, but instead requires the Board of Audit and Inspection of the request using the expression.
◦ Procedure data requirements
-It is required for the National Assembly Budget Office to request data with the permission of the speaker, but Congressional Budget Office (CBO) in state or other Congressional Support Organization asked data without the permission procedure of the speaker.
◦ Submissions period
-The National Assembly Budget Office Act does not set the data submission pe-riod, whereas other legislatures set the period of the data submitted within the pre-scribed period, for instance, regulation applied here is to submit data within 10 days .
◦ Submission rejection reason
-The National Assembly Budget Office Act provide the right to request the infor-mation needed without Special Reasons to be materialized. However according to the Act on Testimony, Appraisal, etc. before the National Assembly. agencies re-quired to submit the data cannot reject their responsibility if subject of the data is not about military, diplomatic, military secrets of relationship with North Korea, which can affect the National Security.
◦ Sanctions for not submitted data
-The National Assembly Budget Office Act cannot impose sanction when re-quested data was not submitted. Whereas the Board of Audit and Inspection Act can impose regulatory penalties based on the legal regulations.