60years have passed since the founding of the Republic of Korea. During those years, much effort was put forth into the realization of democracy. As a result, we have achieved a considerable level of it and in turn, we can say that human rights of citizens have also expanded considerably. To guarantee human rights of citizens, realization of the rule of law should be the primary. Yet, our society still has many obstructing factors for the realization of the rule of law. And one such factor is the Act of Government. In this paper, we will review our own understanding of the concept of act of Government, and if acknowledged, how the basis of its theoretical and practical aspects can be explained. On a theoretical aspect, this paper will consider on which basis the Act of Government can be explained so that it is most fitting to our society today. And on a practical aspect, this paper will review the attitude they ve come to have from their precedents of our country s machinery of law towards the Act of Government. Examining the development of their attitudes we are able to predict future attitudes about the machinery of law about the Act of Government. Predicting future attitudes is practical and very helpful in being prepared. In particular, it will be the driving force to tactfully resolve political situations that would inevitably occur by the atmosphere of reconciliation for the reunification of South and North Korea.
Ⅲ. 통치행위의 재조명(판례를 중심으로)