조약의 체결·비준에 대한 국회의 동의권

In most of States the executive has authority to negotiate, sign, ratify or other adhere to treaties, but the legislative may also have some voice in treaty-making process. In the Republic of Korea, too, article 60, paragragh 1 of the Constitution says “The National Assembly shall have the right to consent to the conclusion and ratification of treaties pertaining to mutual assistance or mutual security; treaties concerning important international organizations; treaties of friendship, trade and navigation; treaties pertaining to any restriction in sovereignty; peace treaties; treaties which will burden the State or people with an important financial obligation; or treaties related to legislative matters.” Lately some members of the National Assembly insist that the National Assembly shall have the right to consent to the conclusion of a treaty as well as its ratification, and the Executive must have prior consent from the National Assembly to begin the negotiation of a treaty. This contention was supported by a few law professors. However, it is based on mis-interpretation on the meaning of “the conclusion of treaty” of the Vienna Convention on the Law of Treaties. Also it does not correspond with the original intention of the Constitution makers and has not been supported by practices in Korea of over 40 years since that provision was made. In no major States the legislative has the right to give its consent twice to one treaty or the executive is required to get the official consent from the legislative to begin treaty negotiation. In conclusion article 60, paragragh 1 of Korean Constitution means that the National Assembly has a right to give its consent to the signature by which a treaty would come into effect or to the ratification by which a treaty would come into effect.