정부자문위원회에 관한 헌법적 연구

• 영문명: A Constitutional Study on the Governmental Advisory Committee
• 발행기관: 한국헌법학회
• 저자명: 김상겸(Kim Sang-Kyum)
• 간행물 정보: 『헌법학연구』憲法學硏究 第11卷 第2號, 277~305쪽, 전체 29쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2005.06.01

영문 초록

We have to abolish useless committees, whose achievement is low and which can be replaced by inter-committee cooperation, integrate those whose function is similar. And it is also needed to clarify the organization and responsibility of the committee. Especially, a means of control by the national assembly is needed, considering the committee as a policy maker and administration organ. It is necessary to enact a basic law regarding the set-ups, operation and control of a committee to straighten out those points mentioned above. In this point, the governmental advisory committee bill is proper in its need and justice. This act clarifies its aim in article one that it regulates useless set-ups of the central administrative advisory committee, and thus pursuing an efficient operation. And concerning article of the same act, some may bring up a question about the separation of powers, but in the point of legalism of administrative organ, it is acceptable. This article is a kind of pre-regulation, and in this cases the legal state and authority of the committee can be a problem. In addition, the binding power toward the result is questionable, provided that the set-up of the committee is merely a matter for discussion. Article 6 of the same act states that the committee should go through a discussion with the national assembly if they in tend to have an expert or more than 10 people, setting standards of organization. But this is not practical in its effect in that it only requires discussion. Therefore, it is reasonable to make the committee get approval of the national assembly. And article 8 of the same act states the national assembly can suggest abolition to the committee under certain conditions. But suggestions without any legal binding force is questionable in its effectiveness, so it should be granted a strong legal force. And the act should also clarify the basis and limit of the responsibility of the committee's member since it is not stated at present.

목차

Ⅰ. 들어가는 말

Ⅱ. 위원회제도에 관한 개관

Ⅲ. 현행 위원회제도의 운영과 헌법적 문제

Ⅳ. 위원회정비법의 필요성과 법안의 검토

Ⅴ. 맺음말

참고문헌

Abstract