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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
- Issue Date
- 2002
- Publisher
- 서울대학교 법학연구소
- Citation
- 법학, Vol.43 No.3, pp. 79-100
- Keywords
- 헌법 제60조 제1항 ; 국회 동의권 ; 차관도입에 관한 법형식의 변천 ; 개발차관기금(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
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