SHERP

조약체결에 대한 국회의 동의제도 -재정적 부담을 지우는 조약을 중심으로-
Legislative Approval for the Conclusion of Treaties in Korea -mainly regarding treaties requiring substantial financial burden-

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Authors
정인섭
Issue Date
2002
Publisher
서울대학교 법학연구소
Citation
법학, Vol.43 No3 pp.79-100
Keywords
헌법 제60조 제1항국회 동의권차관도입에 관한 법형식의 변천개발차관기금(Development Loan Fund; DLF)
Abstract
The approval of the National Assembly is required to conclude treaties
requiring substantial financial burden according to the Article 60, paragrah 1
of the Korean Constitution. Until early 1973 the most typical category of
treaties requiring financial burden was loan agreements to borrow money from
foreign governments or international financial institutions. Since then loan
agreements were treated not “treaties,” but “contracts.” The reason for this
change of the position of Korean Government was that the contents of loan
agreements were only of private character. However, Author's conclusion is
that loan agreements should have been treated as “treaties,” because they were
a kind of binding agreements governed by international law between subjects
of international law.
ISSN
1598-222X
Language
Korean
URI
http://lawi.snu.ac.kr/

http://hdl.handle.net/10371/9112
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College of Law/Law School (법과대학/대학원)The Law Research Institute (법학연구소) 법학법학 Volume 43, Number 1/4 (2002)
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