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한국 대통령제의 성공을 실현하기 위한 운영 모델 : New Suggestion to overcome the Korean Authoritarian Presidency

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Authors

정종섭

Issue Date
2002
Publisher
서울대학교 법학연구소
Citation
법학, Vol.43 No.3, pp. 265-300
Keywords
변형된 대통령제authoritarian presidentialism제왕적 대통령초권력적 대통령제 정부형태
Abstract
Korea has maintained a presidential system since the 1948 Constitution with

the exception of brief period of 1960-1961. Under the presidential system,

Korea was ruled by a military regime and authoritarian government. The new

civilian governments, President Kim Youngsam's government(1992-1998) and

President Kim Daejung's government(1998-now) appeared to show the Korean

presidential system as successful. However, the Korean presidential system is

not successful, even now. In reality, power is centralized with the President

and the National Assembly is weak to control the President's power

effectively. Kim Youngsam and Kim Daejung acted like elected latter-day

kings and criticism was raised. It seems that these governments are forms of

"new dictatorships" or "new authoritarianism". Under Kim Daejung's

administration, populism is very serious as we find this phenomena in

developing countries. This populism and "new authoritarianism" are additional

obstacles to the democratization of Korea.

The current hot issue is revision of the current Constitution to change or

further develop the presidential system. Proposed alternatives are development

of the Korean presidential system like that of the U. S., the adoption of a

parliamentary system or the hybrid system like that of France.

This article aims at suggesting a new model to make current presidential

system be operated successfully without revision of Constitution. I try to

redefine the role of President. The role of President should be restricted to a

'head of state' and a main figure to deal with the reunion, national security,

foreign affairs and President's agenda. The ordinary governmental affairs...
ISSN
1598-222X
Language
Korean
URI
http://lawi.snu.ac.kr/

https://hdl.handle.net/10371/9118
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