- 영문명
- A Study on the Constitutional Change of Government Structure
- 발행기관
- 한국헌법학회
- 저자명
- 임종훈(Lim Jong-Hoon)
- 간행물 정보
- 『헌법학연구』憲法學硏究 第12卷 第4號, 393~419쪽, 전체 27쪽
- 주제분류
- 법학 > 법학
- 파일형태
- 발행일자
- 2006.11.01
국문 초록
영문 초록
This study elaborates how the current Korean Constitution should be amended in the field of government structure.
The bottom line to keep in mind in examining which system is the most suitable for the Republic of Korea is to take into consideration the constitutional and political experience we Koreans have.
I suggest that the current presidential system would offer the best hope for stable government and democratic continuity in Korea. Changing into the parliamentary cabinet system would be a political experiment the result of which no one can be sure of. The single term of five years for the presidential office should be amended to allow two terms of four years. A presidential candidate should attain a majority of votes to be elected the President. If no one attained a majority, the top two candidates would be put into a runoff. It would be better to have a vice president instead of a prime minister which is not well compatible with the presidential system.
The immunity and privilege clause for the members of the National Assembly might be amended so that the clause could not be misused. The regular parliamentary inspection of state affairs could be abolished on condition that the National Assembly facilitates its investigation of a specific matter of state affairs when it deems necessary and that the auditing function of the Board of Audit and Inspection is transferred to the National Assembly. Adding another chamber to the National Assembly, thus adopting a bicameral national legislature should be delayed until the unification of South and North Korea in the future.
Doubts about the capacity of elected representatives to address social problems, as well as fears that the National Assembly has often been captured by special interests and subject to corruption, led some scholars to propose to return the decision-making power to the populace. The initiative, referendum and recall are three major methods for direct democracy. As it was not until the last decade that the representative democracy began to function properly in Korea, it would be better to wait and see how it will work rather than adopting direct democracy methods.
The bottom line to keep in mind in examining which system is the most suitable for the Republic of Korea is to take into consideration the constitutional and political experience we Koreans have.
I suggest that the current presidential system would offer the best hope for stable government and democratic continuity in Korea. Changing into the parliamentary cabinet system would be a political experiment the result of which no one can be sure of. The single term of five years for the presidential office should be amended to allow two terms of four years. A presidential candidate should attain a majority of votes to be elected the President. If no one attained a majority, the top two candidates would be put into a runoff. It would be better to have a vice president instead of a prime minister which is not well compatible with the presidential system.
The immunity and privilege clause for the members of the National Assembly might be amended so that the clause could not be misused. The regular parliamentary inspection of state affairs could be abolished on condition that the National Assembly facilitates its investigation of a specific matter of state affairs when it deems necessary and that the auditing function of the Board of Audit and Inspection is transferred to the National Assembly. Adding another chamber to the National Assembly, thus adopting a bicameral national legislature should be delayed until the unification of South and North Korea in the future.
Doubts about the capacity of elected representatives to address social problems, as well as fears that the National Assembly has often been captured by special interests and subject to corruption, led some scholars to propose to return the decision-making power to the populace. The initiative, referendum and recall are three major methods for direct democracy. As it was not until the last decade that the representative democracy began to function properly in Korea, it would be better to wait and see how it will work rather than adopting direct democracy methods.
목차
Ⅰ. 머리말
Ⅱ. 논의의 틀
Ⅲ. 정부형태
Ⅳ. 대통령제의 재조명
Ⅴ. 국회의 조직과 권한
Ⅵ. 직접민주주의의 강화
Ⅶ. 맺는 말
참고문헌
[Abstract]
Ⅱ. 논의의 틀
Ⅲ. 정부형태
Ⅳ. 대통령제의 재조명
Ⅴ. 국회의 조직과 권한
Ⅵ. 직접민주주의의 강화
Ⅶ. 맺는 말
참고문헌
[Abstract]
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