현행 헌법상 통치구조 개편의 쟁점과 방향 = Problems of the Current Regime of Korea and Some Suggestions for Revision

다국어 초록 (Multilingual Abstract)

There are some problems in the current regime of Korea. They are, for example, the term of the President of the Republic, the Prime Minister system, the legal conflicts between the Supreme Court and the Constitutional Court. The institutional problems and the conflicts are mainly due to the incorrect adaptation of the foreign political systems. We have experienced several times a Presidential Dictatorship, therefore we have concern about the term of the President. The Prime Minister system is from that of the 5th French Republic, but the two systems are quite different despite their outward similarity. The Constitutional Court system resembles Germany's Verfassungsgerichtssystem, but in Korea, there are severe conflicts between the Constitutional Court and the Supreme Court. Misunderstanding and adaptation of foreign institutions are the main causes for social and political instability that harm internal harmony and national integrity. Some say it's the time to revise the Constitution, and parties and statesmen show constant concern about the Revision. Hereby I submit some suggestions for the Revision. They are, 1) the 4-year-term of the President and possible re-election, 2) the pure American presidential system(the Prime Minister system should be abolished), 3) the German Verfassungsgerichtssystem(dual Judicial system should be changed for a mono system).