『국가보위에 관한 특별조치법』에 관한 헌법재판소 결정 분석 = An Analysis of the 『Act on Special Measures for the National Security Integrity』 of the Korean Constitutional Court

다국어 초록 (Multilingual Abstract)

This thesis is a study on the emergency Power. Constitutional dictatorship system has been too often changed through Korean constitutional history. The Constitutional Law clear and not to abuse the emergency power. It is mainly the interpretation of Article 76, 77. In time of internal turmoil, external menace, natural calamity or a grave financial or economic crisis, the President may take in respect to them the minimum necessary financial and economic actions or issue orders having the effect of Act, only when it is required to take urgent measures for the maintenance of national security or public peace and order, and there is no time to await the convocation of the National Assembly. In case of major hostilities affecting national security, the President may issue orders having the effect of Act, only when it is required to preserve the integrity of the nation, and it is impossible to convene the National Assembly. In case no approval is obtained, the actions or orders shall lose effect forthwith. In such case, the Acts which were amended or abolished by the orders in question shall automatically regain their original effect at the moment the orders fail to obtain approval. When it is required to cope with a military necessity or to maintain the public safety and order by mobilization of the military forces in time of war, armed conflict or similar national emergency, the President may proclaim martial law under the conditions as prescribed by Act. Martial law shall be of two types: extraordinary martial law and precautionary martial law. Under extraordinary martial law, special measures may be taken with respect to the necessity for warrants, freedom of speech, the press, assembly and association, or the powers of the Executive and the Judiciary under the conditions as prescribed by Act. When the President has proclaimed martial law, he shall notify it to the National Assembly without delay. When the National Assembly requests the lifting of martial law with the concurrent vote of a majority of the total members of the National Assembly, the President shall comply.