국가권력기관의 권한남용에 대한 통제와 헌법수호 - 현 정부의 대통령제 운용상 문제점의 원인 및 헌법상 제도 개선방안을 중심으로 -

Abstract

Current Park administration in Korea has recently faced to a series of candlelight protest which has argued there were serious violation of the Constitution by the misuse of presidential power getting involved in her friend, Choi’s scandal. The National Assembly impeached President Park, presently, a chain of hearing in President’s impeachment trial is under way at the Constitutional Court. As of now, Korea experiences very unstable political situation due to diverse discussions whether current President abused her presidential power or not. This article mainly composed of two parts. Focusing on constitutional fact and norm, the first part deals with investigating what reason current administration’s catastrophe in operating our own presidential system came from. Thus, this part introduces “constitutional sensitivity” which includes i)President’s excessive sense of vocation, ii)President’s tendency of neglecting communications with people, iii)President’s misunderstanding her scope of power. Additionally, this part brings in other plausible reasons. When either the Executive’s assisting function or the Legislative’s checking function does not run well, those all could be clear grounds for swaying a sound presidential system. The second part explores what is considerable alternatives for restricting the misuse of presidential power in our current constitutional system. Specifically, this part suggests i)to revise President’s constitutional duty, ii)to introduce three-year two-term system for the President, iii)to introduce vice presidency, iv)to strengthen a Cabinet council’s function as well as to carry out reshuffle the Presidential Secretariat, v)to introduce three-year three-term system for the member of the National Assembly, vi)to elect both President and Congressmen in same cycle.