대통령의 조약체결권한에 대한 국회의 바람직한 권한 행사를 위한 법제 전략

According to Korean Constitution Article 60 Section 1, Congress has the power to agree the conclusion and ratification of treaties by the government such as 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 etc. * School of Public Affairs of Sangmyung University, Associate Professor, PH. D. However since the Constitution has the de facto character, it is difficult to decide the treaty type in accurate and precise manner according to constitutional provision. Thus this study aims to find out desirable allocation of powers between the administrative branch(the president) and the legislative branch referring to the case and experience of U.S. In particular, there is opinion on constitutional revision and enactment of legislation in this article for the sake of the desirable establishment of authority between Administration and Congress in order to secure the feasibility of this study. Therefore it is reasonable to conclude that a strong will of the Administration and the Congress for the cooperation between both branches is very important taking consideration of the fact that U.S. Administration has persisted inviting the Congress in the procedure of treaty conclusion and ratification.