통일 한국 의회의 구성 및 권한에 관한 통일합의의 방향

Abstract

In the future, the unification of the two Koreas should be a peaceful unification based on the free democratic basic order(freiheitliche demokratische Grundordnung). This is more than just a constitutional request under Article 4 of the current Constitution. This is because the free democratic basic order(freiheitliche demokratische Grundordnung) is the fundamental value of the constitution that even constituent power is bound. Many say that unification can cost any sacrifice, but strictly speaking, this is not right. The unification cannot be a self-purpose. As the basic principles of the Constitution, such as democracy and rule of law, are ultimately tools for humanity, that is, guarantee and realization of human rights, unification also is like that. Therefore, unification against human rights, rather, unification that could threaten human rights cannot be justified. That is why we reject the unification by North Korean socialism, the so-called unification under communism. This is not because a black and white issue that South Korea-led unification is right and North Korea-led unification is wrong, but because it is necessary to find the legitimacy of unification from the perspective of human rights, which is a universal value that human beings pursue. Therefore, the basic direction of the unification agreement should also conform to this, and the compositional direction of the parliament that forms the content of the unification agreement should also be based on the free democratic basic order(freiheitliche demokratische Grundordnung) The free democratic basic order(freiheitliche demokratische Grundordnung) is a minimum fundamental value, a common denominator confirmed through human historical experience that it should not be infringed in any case, and there is a very wide scope of discretion elsewhere. Therefore, for example, so-called one party dictatorship is not allowed, but various options are open to two-party system or multiparty system. Non-democratic elections that distort the will of the people cannot be allowed, but within the framework of democratic elections, various types of election systems can be selected. In the case of the parliamentary system also, the role and authority of the parliament can be embodied in various forms depending on the government's choice, but it cannot be called as a democratic parliament that can not accurately reflect the intentions of the people, such as the so-called Soviet system. In order to examine the composition and scope of power of the unified Korea's parliament, this paper, first, considered the framework of power structures such as the national form and the government form in the unification agreement based on the principle of unification called the free democratic basic order described above. It highlighted the importance of consensus and confirms the status and importance of parliament as the central axis of social integration in preparation process for unificationafter and after unification process(「Ⅱ. Agreement on the framework of power structure as the core of the unification agreement」). Based on these discussions, on the premise that the state of parliament is different depending on how the unified constitution determines the form of government, this paper examined how the parliament will be structured and what powers will be grant to the parliament depending on which governmnet system, presidential, parliamentary, or dual-government(decentralized presidential) system is seleted in the unified constitution(「Ⅲ. Unification agreement on the form of government and the powers and composition of parliament」). Next, although the necessity of introducing a bicameralism may differ depending on whether the unification constitution changes the state form to a federal system, examining the need to introduce a regional representative upper house even when maintaining the unitary state system, if so, it reviewed the nature and composition of the lower house, the authority and the nature and composition of the upper house, and the mechanisms and procedures for mediating the conflicts between the upper and the lower house(「IV. Unification agreement on the federal system and bicameralism and the composition and powers of parliament」. After that it finished Through this, on the one hand, it will be possible to summarize in advance how to approach the main content of the unification agreement, which is the constitutional structure and the scope of authority of the parliament. On the other hand, it is expected to be an opportunity to refine the basic idea of ​​how to actively deal with political and legal changes after the unification.