대한민국임시정부의 정부형태: 회의제

The existing discussions on the Provisional Government of the Republic of Korea(PGROK) have focused mainly on the parliamentary system or the presidential system. This is based on the modality of executive branches of PGROK. However, the form of the constitutional government should be distinguished from the form of the executive branch. The form of government should be grasped not only in the form of the executive department, but also in the location of the source of power and the interrelationship of all power institutions. Both the presidential system and parliamentary system are characterized by the checks and balances between the executive and legislative branches. However, in PGROK the executive and legislative branches were not equal. The national assembly was the ultimate and dominant source of power. It is quite different from a parliamentary system or a presidential system. Therefore, in this article, I pay attention to another government form, the régime d'assemblée or gouvernement d'assemblée. The régime d'assemblée is a system in which a sovereign assembly forms the center of power and values ​​power integration over power separation. The régime d'assemblée is mainly an emergency system, such as the National Convention in French Revolution. The contemporary examples are the Swiss government and the party-state system of communist countries. At the outset, the National Assembly of PGROK fuctioned as Constituent Assembly, and at the same time, members of the Assembly filled the executive branch. Since then, he National Assembly has changed the constitutions and the forms of executive branch. The National Assembly created, distrusted and impeached the executive, and sometimes took over the role of the executive branch. Of course, in PGROK, the executive division was differentiated from the National Assembly, and PGROK was run by the executive division. The National Assembly was held mainly during the designated sessions. The form of PGROK had a different aspect from the typical régime d'assemblée of power concentration. PGROK was a constitutional power-differentiated régime d'assemblée that was meant to prevent the tendency of autocracy. However, the supremacy of the National Assembly was unchanged. At the decisive moment the National Assembly overthrew the executive branch. The National Assembly enabled PGROK to keep working when the executive branch was disintegrated. In ordinary time, such power division as the presidential system and the parliamentary system was maintained, but in an emergency, the supremacy of National Assembly eventually revived. It can be said that the constitutional history of PGROK was a series of turmoil and disruption. However, PGROK did not give up on the democratic constitution, constantly tried to break through, and upheld the identity of the constitution. I think it was the effect of régime d'assemblée. The basis for the continuity of constitution of PGROK was the National Assembly.