제2공화국의 행정권력에 대한 소고: 정부조직법의 분석을 중심으로

Abstract

The Second Republic of Korea started under the motto of establishing democratic political system to maximize the civil freedom right, after the 4.19 Civil Revolution overthrew the First Republic of Korea with the Presidential political system which had been riddled with the dictatorship of President Singman Lee and the Liberal Party. However, when we look inside, the Democratic party, the political group who took the lead of launching the Second Republic, recognized the political system only as the implementation tool for their power acquisition and the power exercise. In this regard, the Democratic Party intended to establish the Parliamentary system with which Prime Minister would exercise more enhanced and concentrated administrative power than President in the First Republic did. Despite of such intention of the Democratic Party group, which were deficient in political leadership, lack of bureaucratic control, and showed the internal split and power struggle, had pushed the whole nation into a corner, resulting in that Korea fell into a state of disorder and lawlessness. As a conclusion, the leadership and the power grip of a political dominant group exert more influence upon deciding a political system to be democratic or dictatorship than the legal system and arrangement do. The political schematic of Presidential or parliamentary system and, thereof, the legal structure alone cannot decide the ending result of democracy or dictatorship.