한국헌법사에 등장한 국무총리제도의 연원

Abstract

Throughout Korean constitutional history, the status and power of Prime

Minister(國務總理) are unique comparing with other presidential governments. The

concept of Prime Minister was first adopted in the Constitution of 1948 and sustained

in each revised Constitution from 1952 to 1987. The basic structure of this system is

as follows:

1. The Prime Minister is appointed by the President with or without the consent of

the National Assembly.

2. The Prime Minister assists the President.

3. The Prime Minister directs the Ministries of the Executive Branch under order

of the President.

4. The State Council deliberates on important policies that fall within the power of

the Executive. This Council is composed of the President, the Prime Minister, and

other members. The other members of this Council are appointed by the President on

the recommendation of the Prime Minister.

5. The President shall be the Chairman of the State Council, and the Prime

Minister shall be the Vice-Chairman.

6. The Prime Minister may issue ordinances of his/her own concerning with

matters that are within his/her jurisdiction under the powers delegated by Act or

Presidential Decree or ex officio.

7. If the office of President is vacant or the President is unable to discharge the

powers and duties for any reason, the Prime Minister first acts for him/her.