민주주의 관점에서 본 한미 FTA협상 과정의 문제점

Abstract

<Abstract> A Critical Study on the Negotiation of Korea-US FTA Oh, Dong-Suk Professor, Ajou Univ. The negotiation of Korea-US FTA shows the fatal crisis of democracy as 'rule of people' in spite of the democratization in each sector of Korea society. The neoliberal policy has brought about the abridgment of democratic constitutionalism, and Korea-US FTA will accelerate it. The Korean Government has driven by constraint the negotiation of Korea-US FTA and has violated the principle of popular sovereignty, guarantee of human rights, division of powers, and rule of law. I understood the power to conclude and ratify of treaties as the joint one of President and National Assembly. Accordingly the National Assembly's right to consent to the conclusion and ratification of treaties is a kind of the legislative power to deliberate and decide on the treaties as a domestic law. Because the article 6 clause 1 of the Constitution of the ROK prescribes that "Treaties duly concluded and promulgated under Constitution and the generally recognized rules of international law shall have the same effect as the domestic laws of the Republic of Korea." and the article 40 prescribes that "The legislative power shall be vested in the National Assembly". So the National Assembly has to deliberate on the negotiation process of the treaties, and the administration has to provide the National Assembly with the consent bill of treaties before the signing of a commissioner of full powers. But the Roh Government has not complied with these constitutional rules in negotiating Korea-US FTA. In conclusion, therefore, I assert the Government is to suspend the negotiation of Korea-US FTA right now and has to go back to the drawing board. It depends on the will of people that have been excluded from the decision-making process.