1948년 6월 국회법 초안의 形成因子들에 관한 고찰

Abstract

The 1948 Draft of National Assembly Act ('the Draft') which was designed as per the need to organize and regulate a legislature before the promulgation of Constitution, is the last of a long series of such laws consisting of (a) the Korean Provisional Congress Act (1919), (b) the Rule of Assembly for Korean Interim Legislative Assembly (KILA) (1946), and (c) the National Assembly Act (1948). Whereas the passing down of their contents was done mainly by the members of drafting committee in the case of (a) to (b), the transmission from (b) to (c) was primarily by the hands of the expert advisors who were mainly members of the Administration Research Committee Association ('ARCA'). On one hand, this is a major reason that the Draft imported the Japanese 1947 National Assembly act together with the Rule of the Lower House. On the other, the constitutional debate of the time made the Draft incompatible with the original scheme of ARCA, which is exemplified in the adoption of single chamber system. This means that the drafting committee made their point clear as to the overall character of the 1948 National Assembly. This Article indicates that the continuity from the Provisional Congress to the current National Assembly shall have to be looked for in a new light, and with closer attention, and that the Rule for KILA can give certain implications in the search.