정인섭, 개헌시 국회동의 대상조약 항목의 재검토, 2017.06, 국제법학회 논총
◀ ABSTRACT ▶
Reshaping the Provision concerning the Legislative Consent to Treaties of Korean Constitution(Article 60, paragraph 1)
CHUNG In Seop
In most of States the executive branch has authority to negotiate and conclude treaties, but the legislative branch also have some voice in treaty-making process. In the Republic of Korea, too, Article 60, paragraph 1 of Korean Constitution reads that “The National Assembly shall have the right to consent to the conclusion and ratification of treaties pertaining to mutual assistance or mutual security; treaties concerning important international organizations; treaties of friendship, trade and navigation; treaties pertaining to any restriction in sovereignty; peace treaties; treaties which will burden the State or people with an important financial obligation; or treaties related to legislative matters.” In this paper, author review the practical role of legal basis of the legislative consent to treaties. Based on 70-year experiences, author tried to rewrite the provision to express legislative intention more precisely and concisely under the principle of maintaining current legislative power to treaty consent. Author’s final suggestion is to amend the Article 60, paragraph 1 as: “The National Assembly shall have the right to consent to treaties pertaining to national security; treaties pertaining to any restriction in sovereignty; peace treaties; treaties which will burden the State with an important financial obligation; or treaties related to legislative matters.”
◀ Key words ▶
treaty, conclusion, legislative consent, constitution, revision of constitution
정인섭, 개헌시 국회동의 대상조약 항목의 재검토, 2017.06, 국제법학회 논총
◀ ABSTRACT ▶
Reshaping the Provision concerning the Legislative Consent to Treaties of Korean Constitution(Article 60, paragraph 1)
CHUNG In Seop
In most of States the executive branch has authority to negotiate and conclude treaties, but the legislative branch also have some voice in treaty-making process. In the Republic of Korea, too, Article 60, paragraph 1 of Korean Constitution reads that “The National Assembly shall have the right to consent to the conclusion and ratification of treaties pertaining to mutual assistance or mutual security; treaties concerning important international organizations; treaties of friendship, trade and navigation; treaties pertaining to any restriction in sovereignty; peace treaties; treaties which will burden the State or people with an important financial obligation; or treaties related to legislative matters.” In this paper, author review the practical role of legal basis of the legislative consent to treaties. Based on 70-year experiences, author tried to rewrite the provision to express legislative intention more precisely and concisely under the principle of maintaining current legislative power to treaty consent. Author’s final suggestion is to amend the Article 60, paragraph 1 as: “The National Assembly shall have the right to consent to treaties pertaining to national security; treaties pertaining to any restriction in sovereignty; peace treaties; treaties which will burden the State with an important financial obligation; or treaties related to legislative matters.”
◀ Key words ▶
treaty, conclusion, legislative consent, constitution, revision of constitution