대통령의 법률안거부권에 대한 권한쟁의심판

Abstract

In the legislative process regarding the law of the formal sense, the National Assembly holds the legislative power for the passage of bills, while the President has the veto power over bills. When the President exercises the veto power, requesting reconsideration of a bill passed by the National Assembly, the National Assembly is granted the opportunity to control through reconsideration and re-passage. However, due to strict voting requirements, controlling the President’s veto power through reconsideration and re-passage is practically challenging. Here, the consideration of a constitutional review of the President’s veto power can be contemplated. The President and the National Assembly can be parties in a constitutional review of the authority dispute. From the perspective of the principle of separation of powers, the President’s veto power should not infringe upon the authority of the National Assembly. Considering the constitutional duty of public interest imposed on the President, the exercise of the President’s veto power should be fair. Additionally, from the standpoint of the equality principle guaranteed by the constitution, the President’s veto power should be exercised equally, implying constitutional limits. Thus, due to constitutional limitations on the President’s veto power, exceeding these limits in the exercise of the President’s veto power can encroach upon the legislative power of the National Assembly. In particular, if the President exercises the veto power over bills related to themselves or their family, it may constitute an exercise of authority beyond constitutional limits, potentially infringing upon the legislative power of the National Assembly, making it a subject of a constitutional review. The Constitutional Court can confirm the existence of infringement or the risk of infringement on the claimant’s authority through the exercise or non-exercise of authority by the respondent. The Constitutional Court has the authority to annul or confirm the invalidity of the President’s veto power, especially if exercised over bills related to the President or their family, along with a determination of infringement or significant risk of infringement on the legislative power of the National Assembly.