제2공화국 헌법상의 정부의 불안정 해소방안에 관한 소고

Abstract

In the history of the Constitution of Korea, the parliamentary government was only adopted in the second republic of Korea. After the fall of the second Republic by the 5․16 military coup, the Constitution of Korea has maintained the presidential system. But, because of the concentration of power in the hands of the President and the weakening of the parliament's functions of power control, people has continued to be interested in the parliamentary government from the point of view of the balance of power. However, in the parliamentary government in which the parliament mainly accomplishes national decisions, the power centralized on the parliament, the power imbalance between parliament and cabinet and the government's instability can be a frequent occurrence. So a lot of questions were focused on trying to solve these problems. And so, this study is doing research on the introduced institutions for the purpose of relieving the government's instability in the Constitution of the second republic of Korea. The Constitution of the second republic of Korea stated the confidence of the lower house(Minuiwon) in the appointment of Prime Minister(Art. 69), the responsibility of the cabinet to the lower house(Art. 68) and the motion of censure and the dissolution(Art. 71). And these articles demand the vote of a majority of the total members. The political forces which enacted the constitution thought that the balance of power between the parliament and the government will be done under the new schemes However, in order to operate normally these institutions, the stabilization of the political party system and the improvement in the electoral system were demanded as requirements, but the parliamentary government of the second republic of Korea failed to meet these conditions. Consequently could not exist a stable political supportive forces for the cabinet in the parliament. If the Constitution of Korea adopts the parliamentary government, it is important to work out a way to shape and maintain the parliamentary majority. In order to that, the development of political party system through the realization of the responsible party system and the improvement in the electoral system that emphasize the role of political parties in the election, through the raising importance of the system of proportional representation, will be needed.