헌법개정과 독립위원회의 법적 지위

This paper look into the legal status of those independent committees through the analysis on the independency of them from the Administration. As the paper analyzes, to guarantee the independency of those independent committees it is more important how we prescribes those clauses about the relationship between a independent committee and the Administration, and the procedure of the appointment and the term a committee member. etc. than whit which legal form we found a independent committee. From this point of view, there are many problems in guaranteeing the independency of those independent committees except the Central Election Administration Committee. The advisory committee, which is belonged to the Speaker of the Parliament, made a report on the revision of constitutional law a few months ago. According to the report, it decides that it dose not need to prescribe the clause of the National Human Rights Commission of Korea in the revision draft of constitutional law. But given to the independent function of it, it is necessary to make it a constitutional organization. And the Board of Audit and Inspection of Korea is a independent committee prescribed in constitutional law, but it has a difficulty in dealing with its business because it is under the strong influence of the President. It is necessary to revise the clause of the Board to block the influence of the President.