S-Space College of Law/Law School (법과대학/대학원) The Law Research Institute (법학연구소) 법학 법학 Volume 45, Number 1/4 (2004)
한국헌법사에 등장한 국무총리제도의 연원
Origin of Korean Prime Minister System
- Issue Date
- 서울대학교 법학연구소
- 법학, Vol.45 No.4, pp. 432-465
- Throughout Korean constitutional history, the status and power of Prime
Minister(國務總理) are unique comparing with other presidential governments. The
concept of Prime Minister was first adopted in the Constitution of 1948 and sustained
in each revised Constitution from 1952 to 1987. The basic structure of this system is
1. The Prime Minister is appointed by the President with or without the consent of
the National Assembly.
2. The Prime Minister assists the President.
3. The Prime Minister directs the Ministries of the Executive Branch under order
of the President.
4. The State Council deliberates on important policies that fall within the power of
the Executive. This Council is composed of the President, the Prime Minister, and
other members. The other members of this Council are appointed by the President on
the recommendation of the Prime Minister.
5. The President shall be the Chairman of the State Council, and the Prime
Minister shall be the Vice-Chairman.
6. The Prime Minister may issue ordinances of his/her own concerning with
matters that are within his/her jurisdiction under the powers delegated by Act or
Presidential Decree or ex officio.
7. If the office of President is vacant or the President is unable to discharge the
powers and duties for any reason, the Prime Minister first acts for him/her.