미국 상원의 행정부 공직후보자에 대한 인사청문회

다국어 초록 (Multilingual Abstract)

In the United States, confirmation hearing is a hearing held by the U.S. Senate to gather information on whether to approve or reject candidates for high federal office who are nominated by the president.
Generally speaking, more circumspect and deferential is the Senates behavior toward Cabinet officers and other departmental positions. The record demonstrates that the Senate only infrequently rejects a nomination to an executive positions. On the other hand, the Senate is especially vigilant in reviewing nominations to the Supreme Court, rejecting of approximately one out of five. How are this Senates ambivalent attitude to be accepted?
There is a need for deference because the President needs to have advisers that he or she can trust and who are ideologically compatible with the President since the officers are supposed to cooperate with the President and execute his programs. According to this theory, the doctrine that the President is entitled th a Cabinet of his own choice is broadly supported. On the contrary, the justice in the Supreme court is in a position to check presidential power. Therefore, it is justified that Congress takes account of not only individual qualifications but also partisan considerations in reviewing judicial nominees.
I think that the National Assembly of Korea should learn from the U.S. Senate experience with the confirmation process. So, It is appropriate for members of the National Assembly to defer to the Presidents choice of executive officials. But they should do an aggressive review of governments official nominees who are required to maintain political neutrality, such as judicial nominees to the Supreme Court and Constitutional Court.

참고문헌 (Reference)

1 정일섭, "인사청문회제도에 대한 연구" 한국지방자치학회 15 (15): 2003

2 권건보, "인사청문회제도에 대한 비교법적 고찰" 한국법제연구원 2012

3 김일환, "미국 연방헌법상 인사청문회제도" 미국헌법학회 21 (21): 205-242, 2010

4 강승식, "미국 연방대법원 대법관의 임명절차" 한국공법학회 35 (35): 81-102, 2006

5 MacKenzie, G. Calvin, "The Politics of Presidential Appointments" Free Press 1980

6 Wood, Gordon S., "The Creation of the American Republic 1776～1787" UNC Press 1998

7 Carter, Stephen L., "The Confirmation Mess : Cleaning Up the Federal Appointments Process" Basic Books 1994

8 Laski, Harold J., "The American Presidency : An Interpretation" Transaction Publishers 1980

9 Foreman, Christopher H. Jr., "Signals From The Hill : Congressional Oversight and the Challenge of Social Regulation" Yale University Press 1988

10 Fisher, Louis, "Constitutional Conflicts between Congress and the President" University Press of Kansas 2007