제19대 대통령의 임기만료일에 관한 연구

Unlike the previous president elected under the current constitution, the 19th President, who was elected in the presidential election under the presidential impeachment decision, began his term with controversy over the expiration date. Regarding the expiration of the 19th President's term, this controversy ended in March 2021 when the National Election Commission announced that the 19th presidential term expired at 24:00 on May 9, 2022. However, the official decision of the National Election Commission is not consistent with the Constitution, and it is reasonable at the constitutional level to understand that the 19th President's term expires at 8:09 a.m. on May 10, 2022. This is because it is not desirable to apply the legal term calculation method to the determination of the expiration date of the presidential term, which is a constitutional issue. The controversy over the expiration date of the 19th President stems from the fact that the current Constitution remains silent on this issue, while public official election Act separately stipulates the start of the president's term as the president elected by the expiration of his term of office and the president elected by the election due to vacancy. Therefore, in order to dispel the controversy over the expiration of the president's term by election due to vacancy, it is necessary to devise legislative improvement measures, which are divided into legal and constitutional amendments.