대의제도의 변질- 미디어발전국민위원회에 대한 헌법적 고찰

As The National Assembly didn't overcome the opinion difference about the laws of media between the ruling party and the opposition parties, the ins and the outs agreed to establish ‘The media development national Committee' which would make a decision abou the laws of media. But there is a problem whether the decision the committee makes has compelling power or not, as the committee has no legal basic. At the view of a representative system, the committee isn't the organization which can make a policy decision, has never gotten the democratic justification, isn't in the connection of the free mandate. Also it has no reponsibility. Therefore it has no compelling power. At the view of Gerhard Leibholz's party democracy principle, if organized to confirm 'the empirical opinion', the committee has the compelling power. Korean constitutional law admits a party democracy principle on the basic of a representative system. So we should consider both a party democracy principle and a representative system to know that the decision the committee makes has the compelling power. Supposing that a representative system corresponds with a party democracy principle, an assemblyman is bound by the opinion of a party that he/she belongs to and he/she is in the connection of the free mandate. Therefore the committee's opinion can have the compelling power. But there are two limitations. At first the party has a firm opinion that it will follow the committee's opinion. Second, the party's opinion must correspond to the benefit of the whole nations.