한국 통치구조의 변경에 관한 논의: 대통령제의 정상적 작동을 위하여

Abstract

In the first year of the Roh Moo-hyun presidency， executive-legislative relations as well as the ruling partys relations with the opposition were characterized by the intensification of conflict, and hence Korean democracy did not operate in a stable manner. The primary root cause for this may not be said to be the constitutional stipulations conceming the form of govemment. But the constitutional provisions still need to be improved for a better working presidential democracy. The constitutional revision is to be sought with prudence and also on the basis of systematic examination. Arguments for adopting a semi-presidential system or a parliamentary system are not so persuasive. The model of the former system is the French Fifth Republic. In French politics, when co-habitation occurs，presidential power is essentially constrained and the power of the prime minister heading the govemment is enhanced. In this case, the system works almost llke a parliamentary system. But in case the presidents party or coalition controls a majority in the National Assembly, the lower house of the French Pament， the president who is constitutionally granted power superior to the govemment and the legislative branch is not effectively checked. In this situation, the president and prime minister hardly share executive power. on the other hand， there exist theoretical and practical justifications for a parliamentary system, including one that this system is conducive to comprornise politics. Still, theoretical and empirical research supporting the merits of a presidential system cannot be disregarded. Namely, there is a strong argument that a presidenti systemsw ses a parliamentary system in securirtg the chief executive's political accountability to the people. Futhermore, recent empirical studies suggst that other factors being controlled for, the form of govemment has no robust independent effect on the maintenance and consolidation of democracy. The working of the form of govemment should be considered in combination with other kinds of political institutions or conditions. If a constitution revision is pursued， changing the form of govemment into one close to the proto-type presidential system like the United States' is desirable. The constitutional change will include a four-year presidential term, two-term limit on the presidency, run-off presidential election, simultaneous presidential idential and legislative elections, replacing the prime mÍnister post with the vice presidency, ban on the concurrent appointment of a legislative member to a cabinet post, abolishing the power of the National Assembly to recommend to the president for removing a cabinet minister, and so forth.