대통령의 법률안거부권에 관한 새로운 헌법학적 고찰

Abstract

The veto power is the authority to prevent or delay the enactment of legislation passed by the legislature when the president have an objection to the bill passed by the legislature. This presidential veto power is originated from the Federal Constitution of United States. The Constitution of Korea gives the president the power to veto according to Article 53. In case that the president exercises the power of veto over a bill, the national assembly overrides the veto by a two-thirds majority. Then it becomes law without the President's signature. Otherwise, the bill fails to become law. The type of veto that the president exercises in korea is only a direct veto, whereas the U.S president exercises veto in two ways including a pocket veto. The presidential veto power in korean constitution was originated from 1948 constitution and is prescribed in the present constitution. Though the veto power is prescribed the President authority by the korean constitution, the president has not exercised this authority frequently. But there is high probability that the power of veto will be exercised more often than the past by the president for a variety of political or legal reasons. So it is necessary that we put together the constitutional issues on the presidential veto power and make clear ambiguities with regard to it. If the president does not approve, he or she must return the bill, unsigned, within fifteen days, excluding the first day, to the national assembly in which it originated. The president can withdraw the veto which he or she exercised any time until the national assembly overrides the veto. The national assembly could not impeach the president for the abuse of the veto power. Lastly, the national assembly could not file the adjudication on jurisdiction disputes to the Constitutional court for the reason that the president exercised the veto on the bill.