세월호특별법의 여·야대표간 합의 처리의 헌법적 문제점과 대안 : 법제사법위원회의 숙의법률안 지정과 전원위원회의 처리를 중심으로

Men have designed representative system to realize "res publica" through deliberation of a legislative bill and our Consistutional law Article 40 defines legislation rights to the National Assembly, which is the decision making organization based on the representative system. Legislation process in House around 'Sewol ferry' disaster went differently from the purpose of representative system, though. It's been based on the "agreement" between the Government and the Opposition parties, not through the deliberation of each member of National Assembly. Only very few representatives from each party made up their own agreement through more than 3 times trials, still not reflecting the opinions of all the people, stakeholders of the special laws and members of the National Assembly and this kind of highly disputable bill can ruin many of other proposed laws and whole of regular proceedings, we learned again. It's the case to show common(共) interest was pursued but public(公) was not because of the value difference between the Government and Opposition party. Under the deliberation bill, public-common interest is not "recognized" but "decided" But indispensable condition of "decision" is deliberation, which should be made through enough time and discussion on the whole House.