국제조약체결에 있어서 국회동의제도에 관한 고찰

• 영문명: A Study on the Legislative Approval for the Conclusion of Treaties in Korea
• 발행기관: 경희법학연구소
• 저자명: 정갑용(Jeong, Gab-Yong)
• 간행물 정보: 『경희법학』제44권 제1호, 329~357쪽, 전체 29쪽
• 주제분류: 법학 > 민법
• 파일형태: PDF
• 발행일자: 2009.03.30

영문 초록

This article studied on the Article 60 paragraph 1 of Constitution, the approval system of the National Assembly that is requires to conclude treaties requiring to the Korean Constitution. According to the Article 6, paragraph 1 of the Constitution of the Republic of Korea, “Treaties concluded and promulgated under the Constitution and the generally recognized rules of international law shall have the same effect as the domestic laws of the Republic Korea.” In the Article 60, paragraph 1, there are 7 categories need to the approval of the National Assembly, treaties related to the national security, main international organizations, peace treaties, financial burden and legislative treaties. But, the approval system of the National Assembly of the Article 60, paragraph 1 of the Constitution is not clear, there are some troubles between the National Assembly and the Administrative. For the Author’s opinion, to enhance and achive the effective approval system of the National Assembly, it needs to discuss of points of the approval system between the National Assembly and the Administrative in course of reviewing of the related treaties which needs to the legislative approval and to improve the system of the legislative approval for the conclusion of treaties.

목차

l. 서론

ll. 국회동의의 개념

lll.조약유형별 국회동의 사례

lV. 국회동의제도의 주요쟁점

V. 결론

키워드

헌법 제60조 제1항 조약의 국회동의 조약의 국내심사절차 조약심사제도의 개선 조약심사 사례 Article 60 paragraph 1 of Constitution The approval system of the National Assembly for the Conclusion of Treaties Domestic review system of treaties Improvement of the capability of the review of treaties Cases of the review of treaties.