Earticle

초록

영어

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.

목차

Ⅰ. 문제의 제기
 Ⅱ. 면책특권의 의의와 연혁
  1. 의의 및 연혁
  2. 각국의 규정 내용
 Ⅲ. 면책특권의 제한 필요성과 면책의 요건으로서 직무상의 발언
  1. 면책특권과 관련된 문제점
  2. 면책요건으로서의 직무상 발언의 의미
  3. 면책의 효과
  4. 제한의 목적 및 필요성
 Ⅳ. 면책특권의 제한 방법
  1. 면책특권의 제한과 관련된 문제점
  2. 국회법 또는 형법을 통한 제한
  3. 특별법제정을 통한 제한
 Ⅴ. 결론
 참고문헌
 

키워드

저자

• 김강운 [ Kim, Kang - Woon | 원광대학교 법학연구소 책임연구원, 법학과 시간강사, 법학박사 ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  원광법학 [Journal of Law research]

• 간기

  계간

• pISSN

  1598-429X

• eISSN

  2508-4526

• 수록기간

  1962~2026

• 등재여부

  KCI 등재

• 십진분류

  KDC 360 DDC 340