국제조약체결에 있어서 국회동의제도에 관한 고찰

A Study on the Legislative Approval for the Conclusion of Treaties in Korea

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.