南北韓 統一 憲法上 바람직한 統治構造에대한 硏究 (A Study on the desirable ruling structure in terms of the Constitution of the unified South and North Korea)

서지정보

· 발행기관 : 중앙법학회
· 수록지 정보 : 중앙법학 / 10권 / 2호 / 9 ~ 45페이지
· 저자명 : 이희훈

초록

It is clear that the government which President Lee MyoungBak will lead should try to complete the unification of Korea, the most important task of our owns. In this sense, it is necessary to think over ruling structure, which is one of the most arguable points relating to the constitutional laws of South and North Korea. So, I will consider this matter with next three points in this paper.
First, the form of the unified Korea as one nation shall be unitary state in order to secure the Principle of the Popular Sovereignty, Representation, Separation of Power and the Constitutionalism, which have been considered as basic principle of the ruling structures of constitution of unified Korea, and to unify the people of both sides physically and mentally.
Second, the Presidential system shall be the best one of all kinds of the ruling systems which contains the parliamentary cabinet system, Two-Tier Government, etc. as well as presidential system, in order to control the governmental situation after the unification, and to arrange, perform, settle all kinds of plans, schemes, agendas safely and stably. The only President tries to reduce the regional isolation by taking compulsory measure of participation in public service by the elites, who have different local backgrounds from himself, in order to held two Koreas are in harmony after we achieve the reunification. And it is also necessary to keep the balance of power, however, so, we shall prepare the complementary system such as dividing and distributing the power of the President to another authorities like a vice President or the Prime Minister, or enforcing the control of Parliament to the power of President etc.
Third, the Form of the Parliament of unified Korea shall be bicameral, because the bicameral parliament shall be made up of the representatives of districts and of the nation, which will prevent the estrangement of certain districts and complete the unification and concord between the people of newly unified nation. In addition to this, the Judicature shall be constituted to ensure the justice and the speciality, especially, we shall make sure that the Constitutional Court will be the independent authority.

영어초록

It is clear that the government which President Lee MyoungBak will lead should try to complete the unification of Korea, the most important task of our owns. In this sense, it is necessary to think over ruling structure, which is one of the most arguable points relating to the constitutional laws of South and North Korea. So, I will consider this matter with next three points in this paper.
First, the form of the unified Korea as one nation shall be unitary state in order to secure the Principle of the Popular Sovereignty, Representation, Separation of Power and the Constitutionalism, which have been considered as basic principle of the ruling structures of constitution of unified Korea, and to unify the people of both sides physically and mentally.
Second, the Presidential system shall be the best one of all kinds of the ruling systems which contains the parliamentary cabinet system, Two-Tier Government, etc. as well as presidential system, in order to control the governmental situation after the unification, and to arrange, perform, settle all kinds of plans, schemes, agendas safely and stably. The only President tries to reduce the regional isolation by taking compulsory measure of participation in public service by the elites, who have different local backgrounds from himself, in order to held two Koreas are in harmony after we achieve the reunification. And it is also necessary to keep the balance of power, however, so, we shall prepare the complementary system such as dividing and distributing the power of the President to another authorities like a vice President or the Prime Minister, or enforcing the control of Parliament to the power of President etc.
Third, the Form of the Parliament of unified Korea shall be bicameral, because the bicameral parliament shall be made up of the representatives of districts and of the nation, which will prevent the estrangement of certain districts and complete the unification and concord between the people of newly unified nation. In addition to this, the Judicature shall be constituted to ensure the justice and the speciality, especially, we shall make sure that the Constitutional Court will be the independent authority.

참고자료

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