헌법상 조약체결권의 통제에 관한 일고찰― 국회의 동의를 중심으로 ―

Vienna Convention on the Law of Treaties provides articles on procedure and entry into force of treaty, at the same time, each country has the domestic law on the procedure of treaty-making. Article 73 of Korean Constitution says “The President shall conclude and ratify treaties; accredit, receive or dispatch diplomatic envoys; and declare war and conclude peace.” Also, in article 60(1) explains “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.”Although treaty has been concluding according to a very complicated procedure, Korea did not regulate a separate law about treaty-making. Accordingly, Many questions of interpretation on article 60(1) of Korean Constitution were raised. In particular, issues on treaty-making are closely related with domestic status of treaty, since article 6(1) of Korean Constitution states “Treaties duly 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 of Korea.”This paper contemplate the following important matters. What is the standards of making domestic status of treaty? Does mean “conclusion” in article 60(1) an authority of involving all procedures of treaty-making? When does National Assembly should approve? Can they approve including amendment to treaty?