SHERP

대통령 권한의 대행제도에 관한 연구
The Acting President System under the Korean Constitution

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Authors
정종섭
Issue Date
2000
Publisher
서울대학교 법학연구소
Citation
법학, Vol.41 No1 pp.258-292
Keywords
대통령제를 정부형태허정 과도정부군부세력이 쿠데타
Abstract
Ever since its birth, Korea has maintained the Presidential Executive
System except for a short period(1960-61). Current Constitution of 1987
provides that the President shall be elected through the popular vote of
the people.
Article 68 provides that a successor shall be elected within sixty days
in case a vacancy occurs in the office of the President. Article 71 provides
that in case the office of the President becomes vacant or the President
becomes unable to discharge his duties, the office shall be acted on his
behalf by the Prime Minister, the Members of the State Council in the
order as provided by the statute. The peculiar feature of the Korean
acting president system is that it does not contemplate a Vice President
elected by the people. The Prime Minister is not elected, but appointed by
the President with the consent of the National Assembly. In this regard,
the system shows critical defects as viewed against the principles of the
democratic legitimacy and the popular sovereignty.
Further difficulty arises by the Constitution's silence as to what to do
and who could raise the issue when the President himself declares his
own disability to discharge the powers and duties of the office but refuses
resignation, or despite his apparent incapacity he refuses resignation.
In this article, the author argues that the current statue on acting
president system is both imperfect and unconstitutional. He concludes
with the suggestion of a constitutional amendment to provide an elected
Vice President. Before reaching this conclusion, the author, for reference,
has carefully studied the American system and experience, including the
ongoing debates on the constitutionality.
ISSN
1598-222X
Language
Korean
URI
http://lawi.snu.ac.kr/

http://hdl.handle.net/10371/8913
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College of Law/Law School (법과대학/대학원)The Law Research Institute (법학연구소) 법학법학 Volume 41, Number 1/4 (2001)
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