정부형태의 개정방향에 관한 소고

Abstract

The Korean constitutional law has not been amended so far since it was amended in 1987. Thus, nowadays people in academic circles and the National Assembly etc. are performing discussions regarding constitutional amendment. Specially, on constitutional history, it is unprecedented event that National Assembly constructs and operates the “constitutional study-advisory committee” as a direct-control organization of A National Assembly Speaker to make the constitutional-amendment an issue. One of the principal discussion subjects regarding constitutional amendment is Korean governmental form. There has been a lot of discussions about the dysfunction which appeared in presidential system operation at present. A presidential system has exposed a lot of problems, such as what we call "the Revitalizibg Reform system" and dictatorship of former presidents. So ways to strengthen a congress have been discussed through amendments of the 'imperial presidential system', in which an authority is concentrated only on the president. At first, we'll see the necessity of a constitutional revision on the government form. And then, we'll check the merits and demerits of American presidential system, the German parliamentary cabinet system, and French Semi-Presidential system to compare them with Korean constitutional law. After that, looking into the constitutional study-advisory committee report, I want to see the trend of National Assembly about how to set up a direction of constitutional amendment. Then I'll check the papers of academic circles and materials again in order to see the better way to reorganize governmental form. We have aimed not only for the national development through powerful leadership in the global era but liberal democratic peaceful unification under the separation between South and North Korea. Consequently, I'll set up a frame to support Korean experience of the presidential system, to which we are familiar due to the long experience.