지역대표형 상원제 도입의 공법상 주요 쟁점

Abstract

Each country has operated a bicameral legislature based on historical background and practical needs. In the case of our unicameral legislature, the institutional mechanisms to properly reflect local opinions in national affairs are weak under a central government-centric power structure. To properly implement the values and ideals of local autonomy guaranteed by the Constitution, it is necessary to prepare measures to institutionalize them through the composition and operation of the National Assembly, which holds the ultimate policy-making authority. To ensure the proper functioning of the local autonomy system guaranteed by the Constitution, it is important to create a decentralized system throughout the power structure so that national administration and policy-making can be carried out in a decentralized manner. As a clear change in the power structure, it is necessary to introduce a regional representative Senate in the legislative body, the National Assembly, where local representatives can become members and present and reflect local opinions. From the perspective of democracy, the direct election of the regional representative Senate, its authority, and the application of recall systems can vary depending on how regional representativeness and democratic legitimacy are secured. Additionally, from the perspective of the separation of powers, the distribution of authority can differ based on the status of the Senate. To ensure that the Senate can function as a real mechanism of checks and balances within the national governance structure, it is necessary to allocate authority to a level that can be considered equal to that of the House of Representatives. Assuming our current unitary state system and presidential system of governance, we examined the various issues to consider for the composition of a regional representative Senate. Regarding the status of the Senate to function effectively in response to the House of Representatives, direct election by residents would be desirable from the perspective of democratic legitimacy, but indirect elections can also be considered to emphasize regional representativeness. Additionally, we reviewed whether to apply the recall system depending on the election method, the method of district delineation and seat allocation for the election of Senators, the distribution of substantive authority such as legislative power, the proposal of constitutional amendments, financial authority, the authority to form power institutions, the differentiation of terms to allow cross-election with House members, and the naming of the Senate with a distinct identity such as "Regional House" instead of "House of Councillors". The establishment of such a regional representative Senate can contribute to the promotion of decentralization and the advancement of the political system, while also playing an important role in realizing the separation of powers within the National Assembly and maintaining checks and balances between central and local governments.