민주적 대의제의 실현 (A Study On the Realization of the Democratic Representative)

서지정보

· 발행기관 : 충북대학교 법학연구소
· 수록지 정보 : 법학연구 / 29권 / 2호 / 71 ~ 100페이지
· 저자명 : 박경철

초록

President Moon Jae-in made remarks disparaging representative democracy and praising direct democracy and promised direct communication with the people in August 20. 2017.
He does not seem to understand the need for a cultural and ethical attitude of citizens and public officials as well as various institutional devices to become a democratic representative system that realizes the national interests or popular sovereignty through representative democracy. And he seems to have failed to understand that direct democracy should be introduced and utilized in line with representative democracy.
I think president's efforts to monitor public opinion and communicate directly with the people are the basic attitude of the representative to realize the democratic representative system. But there is a risk of misleading the public's opinions by mobilizing his supporters and blocking the freedom of expression of critical opinions about president's policies, and degenerating into a delegated democracy in which the president considers himself to be the supreme leader of the state, especially by exerting indirect pressure on the legislature, the political party and the judiciary by mobilizing public opinion or supporters.
In this paper, first of all, I look at the purity and dysfunction of representative democracy(Ⅱ). Second, I would like to look at measures to overcome the adverse function of representative democracy and to become a democratic representative system that realizes the interests of the whole nation and popular sovereignty(III). Here, I would like to examine the various preconditions that representative democracy needs to realize popular sovereignty and the interests of the whole nation, and the reality of the constitution, and then to examine the direct democracy institutions, such as popular initiative, referendum, and recall which needs to be introduced to complement representative democracy. Finally, based on these discussions, I would like to examine how President Moon Jae-in’s way of conducting state affairs affect the representative democracy(Ⅳ).

영어초록

President Moon Jae-in made remarks disparaging representative democracy and praising direct democracy and promised direct communication with the people in August 20. 2017.
He does not seem to understand the need for a cultural and ethical attitude of citizens and public officials as well as various institutional devices to become a democratic representative system that realizes the national interests or popular sovereignty through representative democracy. And he seems to have failed to understand that direct democracy should be introduced and utilized in line with representative democracy.
I think president's efforts to monitor public opinion and communicate directly with the people are the basic attitude of the representative to realize the democratic representative system. But there is a risk of misleading the public's opinions by mobilizing his supporters and blocking the freedom of expression of critical opinions about president's policies, and degenerating into a delegated democracy in which the president considers himself to be the supreme leader of the state, especially by exerting indirect pressure on the legislature, the political party and the judiciary by mobilizing public opinion or supporters.
In this paper, first of all, I look at the purity and dysfunction of representative democracy(Ⅱ). Second, I would like to look at measures to overcome the adverse function of representative democracy and to become a democratic representative system that realizes the interests of the whole nation and popular sovereignty(III). Here, I would like to examine the various preconditions that representative democracy needs to realize popular sovereignty and the interests of the whole nation, and the reality of the constitution, and then to examine the direct democracy institutions, such as popular initiative, referendum, and recall which needs to be introduced to complement representative democracy. Finally, based on these discussions, I would like to examine how President Moon Jae-in’s way of conducting state affairs affect the representative democracy(Ⅳ).

참고자료

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