조약체결에 관한 국회의 통제권

다국어 초록 (Multilingual Abstract)

  The treaty is defined as ‘the written agreement between the nations.’ It constitutes international law with ‘the generally recognized rules of international law.’ Article 6 Section 1 of Korean Constitution explicates ‘Doctrine of Respecting International Law Order’ and acknowledges a treaty"s force same as a domestic law by prescribing “Treaties duly concluded and promulgated under the Constitution and the generally recognized rules of international law shall have the same effect as the domestic laws of the Republic of Korea.” In addition, Article 60 Section 1 of Korean Constitution enumerates the important treaties that need the consent by National Assembly as a democratic control in the conclusion and ratification of the treaties.<BR>  Like this, the treaty is a norm to which Korean Constitution gives domestic force. It is also a norm which would give more and more impact to Korean people"s life due to the development of globalization, and, further, could limit the constitutional rights of Korean people. Considering these facts, I believe that in-depth constitutional studies on National Assembly"s control power in treaty-making are fairly needy and urgent.<BR>  In this paper, I will closely examine governmental practices in real world as well as scholarly theories and judicial decisions on the contents and scopes of treaty-concluding and treaty-ratifying powers of the President and consenting power of National Assembly on treaty-making as a control power for the checks and balances. In addition, I will analyze and review ‘the congressional bills on treaty-making process’ which were submitted to National Assembly last year and explore the way to strengthen the National Assembly"s control power on treaty-making from the standpoint of a desirable power distribution between the President and National Assembly. Finally, in terms of strengthening National Assembly"s control power in treaty-making, I will reveal the problems on official announcement of sanitation standard in importing beef from the United States which caused so-called ‘candle rallies’ by Korean people until couple of months ago.