헌법재판소구성에 관한 개선방안 - 헌법재판관선출을 중심으로 -

• 영문명: A Proposal for Reform on the Composition of the Constitutional Court - with an emphasis on Selection of Constitutional Court Justice -
• 발행기관: 한국헌법학회
• 저자명: 고문현(Koh Moon-Hyun)
• 간행물 정보: 『헌법학연구』憲法學硏究 第11卷 第4號, 357~406쪽, 전체 50쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2005.12.01

영문 초록

We are facing abrupt change of judicial reform. The Constitutional Court plays an important role in this change. Some justices were replaced and other justices are going to be replaced during President Roh administration. Accordingly, we cannot emphasize desirable composition of the Constitutional Court Justice too much. The Constitutional Court shall be composed of nine Justices qualified to be court judges, and they shall be appointed by the President[Constitutional Law Article 111 paragraph (2)]. Among the Justices referred to in paragraph (2), three shall be appointed from persons selected by the National Assembly, and three appointed from persons nominated by the Chief Justice of the Supreme Court[Constitutional Law Article 111 paragraph (3)]. But these provisions have a lot of problems as follows. First, three Justices are nominated by the Chief Justice of the Supreme even though the president of the Constitutional Court is tantamount to Chief Justice of the Supreme. Second, six Justices of the Constitutional Court do not receive the consent of the National Assembly while all of the Justices of the Supreme Court are appointed with the consent of the National Assembly. Third, Justice qualification to be court judges neglects the characteristics of constitutional law as public law and politics relation. Accordingly, the author proposes a reform plan of the composition of the Justices of Constitutional Court. All the Justices of Constitutional Court shall be selected by the consent of the National Assembly. And at least one scholar on public law shall be selected. Also, the Justices of Constitutional Court shall be composed of those with diverse social background and diverse view of value. And finally, the term of the Justices of Constitutional Court shall be prolonged to 10 or 12 years.

목차

Ⅰ. 문제의 제기

Ⅱ. 현행 헌법상 헌법재판소의 구성방법

Ⅲ. 헌법재판소 구성에 관한 비교법적 고찰

Ⅳ. 헌법재판소 구성에서의 문제점과 개선방안

Ⅴ. 결론

참고문헌

[Abstract]