조약체결에 대한 국회의 동의제도 -재정적 부담을 지우는 조약을 중심으로-

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.