VOL.09 ㅣ April, 2014 ㅣ NATIONAL ASSEMBLY RESEARCH SERVICE, REPUBLIC OF KOREA ㅣ www.nars.go.kr

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• #1 Distribution Memoranda • Title - The Meaning of the Constitutional Decision upon the Regulation Restricting Night-time Demonstrations and Its Legislative Considerations • Author : Kim Sun-hwa (Researcher; Political and Parliamentary Affairs Team) • Published : April 14, 2014 • Summary : On 27 March, the Constitutional Court held that Article 10 of the Assembly and Demonstration Act and Article 23(3) of the Act punishing those who participate in assemblies or demonstrations to violate Article 10 are articles against the Constitution if they are applied to demonstrations held “after sunset until midnight.” In this regard, the legislature may abolish the part restricting demonstrations before midnight, and consider other methods of preventing demonstrations after midnight. As the freedom of assembly and demonstration is a basic human right as well as the foundation for democracy, the legislature shall present legislative alternatives that guarantee freedom and strengthen social safety. • #2 Distribution Memoranda • Title - The Problems of Monetary Penalty System and Its Improvement Plan • Author : Lee Hye-mi (Researcher; Legislation and Judiciary Team) • Published : April 14, 2014 • Summary : The case regarding the controversial ‘emperor’s labor’ was concluded after the court and the prosecution proposed their improvement plans; however, the controversy led to a call for legislative improvement of the current monetary penalty system. The current monetary penalty system lacks proper standards and limitations, and therefore may lead to an abuse of the discretionary power of judges. To improve such a situation, several opinions have been presented, such as establishing standards to prevent the abuse of judges’ discretion when judges make a ruling involving monetary penalty but to keep the current lump-sum fine system, and introducing a new day-fine system as a comprehensive solution. Taking this opportunity, the judiciary shall make a sincere effort to restore the public trust, and the legislature shall carry forward efforts to amend relevant laws to improve the current monetary penalty and fine system. 04.25. Judicial Personnel Administration Systems of Major Overseas Countries and Their Implication 04.24. Improvement Plan for Taxation on Lease Income for Leases and Monthly Rents 04.23. The Current Situation of Children’s Transportation Safety Education and Its Improvement Plan 04.22. Policy Proposal to Induce Cost-reduction in the Electric Power Industry 04.21. The Implications and Challenges of the Election Poll Registration System 04.18. Ways to Vitalize Private Equity Fund and Their Implications 04.17. Analysis of the 1st Session of the 13th Supreme People’s Assembly in North Korea 04.16. Regulations Regarding the Formation of the Second-half National Assembly and the Current Situation 04.15. The Key Issues and Tasks of the Organizational Performance Evaluation System 04.14. The Meaning of the Constitutional Decision on the Regulation Restricting Night-time Demonstrations and Its Legislative Considerations 04.14. Annual Report: NARS 2013

On April 23, 2014 the National Assembly Research Service held a joint seminar on the Public Debate Forum for the Local Autonomy Development Strategies with the Local Autonomy Development Research Committee under the National Assembly (Representative: MP Kim Jae-gyeong) and the Local Autonomy Development Commission belonging to the President(Commissioner: Sim Dae-pyung). The seminar consisted of expert presentations and debates to appraise decentralization in the Republic of Korea, and to seek strategies and policy projects to advance toward a mature system of local autonomy. Deputy Commissioner Kwon Kyung-seok of the Local Autonomy Development Commission delivered the keynote address concerning the development of local autonomy. Professor Choi Young-chul of Chungbuk National University made a presentation about ‘the appraisal of the local-level decentralization and future tasks regarding decentralization policies.’ Professor Cho Im-gon of Kyonggi University made a presentation about ‘the reality of local finance crisis and the tasks for improving financial integrity.’ Following the presentations, Professor Im Seung-bin (Myongji University), Professor Hong Jun-hyun (Chung-Ang University), Researcher Ha Neung-sik (Korea Institute of Local Finance), Professor Won Gu-hwan (Hannam University), Director Seo Sung-woo (Ministry of Security and Public Administration), and Researcher Ha Hye-young (NARS) participated in the designated debate. Past Seminars and Discussions 04.29. Changes in Education Law of North Korea and Challenges of Combining the Education Laws of the two Koreas 04.25. The Legislative Improvement Plan Concerning the Tax Remedy System 04.25. Present Financial State of the Asia Foundation and Future Prospects 04.24. The Reorganization of Private Equity Fund and Its Implications 04.24. The Effective Use of the Limited Liability Trust in the Era of Unification 04.23. Issues and Tasks Related to the Development of Alternative Measures of Labor Underutilization 04.23. Policy Tasks Regarding Pregnancy and Childbirth Assistance and Health Protection for Marriage Immigrant Women 04.23. Policy Debate Forum for Local Autonomy Development Strategies 04.17. An Ideal Integrated Management Plan for Environmental Pollution Prevention Facilities 04.17. The Parliament and Politics of Iran The NARS Newsletter is issued on a monthly basis