헌법상 대통령의 겸직금지에 관한 고찰 - ‘국가과학기술위원회 개편방안’을 중심으로 -

As a result of checking constitutional issues, the conclusion is that (1) The opinion that holding chairman of National science and technology council of president is unconstitutional because that is against Constitution of the republic of Korea, Article 83 (a ban for holding more than one office) and invasion of the overall supervision right of Prime Minister, is not convincing. (2) but codes those are apprehended that transubstantiate the council to intrinsic administrative agency, are must be improved. In course of constitutional adjudication, if some legislation has two conflicting aspects (constitutional and unconstitutional), that must be interpreted constitutional because of the principle that presume legislation to be constitutional. And the desirability of policy like this is not the subject of judical judgement but the subject of legislator. These things considered, installing National science and technology council under president and holding chairman of National science and technology council(NSTC) of president is not unconstitutional on the assumption the the revised bill must be improved. But questions remain about whether the act like this is desirable or nor in aspect of constitutional policy. Therefore National Assembly as the representative of policy must earnestly answer the question.