현직대통령과 대통령당선인의 헌법적 관계

Presidential transition periods are prearanged by the presidential system. The Presidential system for electing and taking up the President ensures that the President will hold office for quite a time knowing that the term of the presidency will be expiring at a specific time in the near future. In the presidential system, Presidential elections take place regularly without regard for the current political situation.During presidential transitions, the sitting President exercises all the presidential powers in the Constitution, but his political influence plunge to its lowest. On the other hand, the President-elect has the suport of the public, yet doesn't retains any formal constitutional powers. As a result, the conflict between the sitting President and the President-elect occurs frequently during the transition period. The sitting President will be likely to preserve his achievements while in office, whereas the President-elect will stress his own political goals.Generally, there is no constitutional provision that particularly deals with the relationship betwen the sitting President and the President-elect during the transition period. Therefore, the doubt is raised as to whether there are constitutional obligations that control the sitting President and the President-elect as regards transition, or whether presidential action during the transition period is entirely discretionary. This Article aims at seeking constitutional principles that control the conduct of the sitting President and the President-elect during presidential transitions.