개헌의 바람직한 방향 - 정부의 개헌시안에 대한 비판적 분석과 기본권규정 개정을 중심으로

• 영문명: Desirable Directions for the Constitutional Revision: Focusing on the Critical Analyses of Constitutional Revision Proposal by Korean Government and the Revision of Constitutional Provisions for Basic Rights
• 발행기관: 한국헌법학회
• 저자명: 임지봉(Jibong Lim)
• 간행물 정보: 『헌법학연구』憲法學硏究 第13卷 第4號, 327~360쪽, 전체 34쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2007.12.30

영문 초록

  The Constitutional Revision Proposal by Korean government which was made reflecting the constitutional revision on the Presidential term of office only having suggested by President Moo-Hyon Roh outlined "Presidential reelectable-term for 4 years each" and "simultaneous election for the Presidency and the Congress." This paper analyzes and reveals the problems from various viewpoints that appear on the Constitutional Revision Proposal by the government. Based on the critical analyses, it aims at exploring the desirable directions for constitutional revision focusing on the provisions on basic rights whose revision are, in my opinion, more urgent than that of the other constitutional provisions.
  First of all, this paper critically analyzes the Constitutional Revision Proposal by the government mainly on the issue of changing Presidential term from "Presidential single-term for 5 years" to "Presidential re-electable-term for 4 years each", the issue of the timing of the constitutional revision to make simultaneous election for the Presidency and the Congress, the issue of the inevitability of the constitutional revision, the is-sue of the desirable leading group of constitutional revision and the problems of acting presidency by prime minister in the Constitutional Revision Proposal.
  As for the desirable directions and concrete contents of constitutional re-vision on basic rights provisions, this paper examines the necessity and urgency to revise the basic rights provisions rather than the provision on Presidential term of office at first. Then, it suggests three major directions to revise the basic rights provisions; first, the revision to make the abstract provisions more substantial in details, second, the revision to make Social State Principle more concrete, and third, the revision to enlarge the scope of foreigner in enjoying the constitutional rights. Finally, based on the major directions, this paper explores the desirable revision directions for con-crete basic rights provisions including the creation of affirmative action clause in the Article of Equal Protection and the abolishment of Article 29 Section 2 of the Constitution which has excessively restricted the right to demand compensation by persons on active military service, employees of the military forces and police officials.

목차

Ⅰ. 서론: 문제의 제기
Ⅱ. 정부 헌법개정추진지원단 개헌시안의 문제점
Ⅲ. 기본권조항 개정의 바람직한 방향과 구체적 내용
Ⅳ. 결론
참고문헌
〈Abstract〉

키워드

개헌시안 5년 단임제 4년 연임제 동시선거 기본권조항 Proposal for Constitutional Revision Presidential Single-term for 5 years Presidential Reelectable-term for 4 years each Simultaneous Election for the Presidency and the Congress Constitutional Provisions for Basic Rights