조약의 체결,비준에 대한 국회의 조건부 동의

Abstract

In most of States the executive has authority to negotiate, sign, ratify or other

adhere to treaties, but the legislative may also have some voice in treaty-making

process. In the Republic of Korea, too, article 60, paragragh 1 of the Constitution

says 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, commerce

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. Main theme of this paper is

whether the Korean National Assembly may decide yes or no only regarding the

treaty transmitted by the Executive or add/ change some conditions for the treaty

ratification.

In this paper author categorized legislative conditions into amendments,

reservations, interpretative declarations and provisos, and analysed each conditions

legality and its legal effect. Conclusion can be summarized like following. The

National Assemblys decision to ask amendment of the treaty itself should be

regarded as the rejection of its approval. It may add, delete or change the

reservations for multilateral treaty suggested by the Executive. After legislative

approval with some reservations, the Executive can not change them without

legislative additional approval. The National Assembly may add, delete or change

the interpretative declarations suggested by the Executive. The National Assembly

may add some provisos for the treaty ratification. All legislative conditions are

binding upon the Executive.