S-Space College of Law/Law School (법과대학/대학원) The Law Research Institute (법학연구소) 법학 법학 Volume 41, Number 1/4 (2001)
현행 대통령제에 관한 몇 가지 생각 -우리 헌정사의 경험을 반추하면서-
Some Thoughts on the Presidential Government System of Korea -Reflecting on its Constitutional History-
- Issue Date
- 서울대학교 법학연구소
- 법학, Vol.41 No.1, pp. 316-343
- Based on the constitutional law revised in 1987, Koreans have already
experienced three elections for the presidents. As time's over, however,
some arguments against the present presidential government system are
emerging. In this study, I contradict those arguments from the standpoint
of constitutionalism. Then I clarify that the present system is appropriate.
1. Among the arguments against the present system, the first one
concerns the government system itself. They insist that the parliamentary
government is more democratic than the presidential one. So, as they
insist, we should choose the parliamentary government system. However, I
point out the aristocratic feature of the parliamentary one. Indeed, the
major party governs both executive and legislature in the parliamentary
one. These two features ― aristocraticism and lack of checks and
balances ― prove that the parliamentary one is not so democratic as they
2. Next, they raise some questions on the present system: Why don't
we have the final ballot in the election for the president? Why don't we
change the presidency rule from 5-year-one-term to 4-year-two-terms?
Why don't we have the vice president as an acting president? I suppose
dangerous possibilities caused by three situations. (i) If we have the final
ballot in the election for the president, the cost for the election rises.
Consequently the economic burden gets heavier than before. In addition to...