통상조약의 체결절차 및 이행에 관한 법률의 내용과 향후 개정방향에 대한 연구

Every body knows the importance and its effect on a country of Trade Treaty in modern international society. The majority of people want more information regarding Trade Treaty from beginning to end. Korea enacted the Trade Treaty Conclusion Procedure Act on December 30, 2011. This enactment is very timely and meaningful. The Trade Treaty Conclusion Procedure Act introduces various procedural requirements for the government and the National Assembly from the decision of initiating treaty negotiations to the implementation of the concluded treaties. The Act force the government to provide more information for the National Assembly and broaden the participation of domestic interest groups. Government has to report to the National Assembly the plan, progress, conclusion and implementation of the Trade Treaty. As occasion demands, the National Assembly can require the government observe the necessary procedures of this law. These kinds of institutional strategies can said to be positive development. However, the Act contains uncertainty in some of the key terms, possibility of infringing the treaty-making powers of government and imposing undue burden on government. According to our constitution the government is in charge of treaty-making and the National Assembly has the right of consent the conclusion of treaties. This study examine whether The Trade Treaty Conclusion Procedure Act follow this principle of separation of powers.