한국 법제에 대한 고찰

Abstract

This article deals with the legislation since the establishment of the Korean government. The Korean Legislation is reviewed in respect of the law-making procedure, the law system, the contends of laws, legal terms & legal phraseology and the characteristic of legislation. Legislation is regarded as one of the three main power of government, which are often distinguished under the doctrine of the separation of powers. The legislative branch of government has the power to create legislation; the judicial branch of government has the power to interpret legislation; the executive branch of government acts only within the powers and limits set by the law. According to the Korean Constitution bills should be proposed by members of the National Assembly or by the executive. Once introduced, a bill must go through a number of stages before it can become law. A bill should be debated in detail and agreed in the standing committee of the National Assembly as well as in the plenary session of the National Assembly. The Constitution, the National Assembly Act and the Rule of National Assembly Procedure regulate the legislative process and the legislator should keep the rules. In cases of the competence disputes between chairman of the National Assembly and its members, the Constitutional Court decided that the power to deliberate and vote on bills of the assembly members was infringed, but the bills were not invalid. The legislator should respect the rules of the legislative process. The number of legislation is increase very rapidly and the legislation is lack of the systematic structure. It is very recommended that the acts should be codified systematically. The legal terms & legal phraseology should be clear and plain in order to be interpreted, executed and kept by the authorities and by the people more easily and clearly.