고시류 조약 문제의 입법적 해결 방안에 관한 고찰: 중국의 「조약체결절차법」 및 「조약체결관리방법」상의 시사점을 중심으로

Treaties effected by a Notice, actively used in the practice of Korea, have long been criticized because they do not meet the requirements of Article 6 (1) of the Korean Constitution. Since the 17th National Assembly, legislative bills have been continuously submitted in Korea to the effect that specific procedural laws for treaty conclusion should be introduced. Of course, the submitted legislative bills’ main issue is concern that parliamentary control over the administration is not guaranteed. However, the proposed legislative bills include the definition of a “simple treaty” that is thought to have been drafted with the treaties effected by a Notice in mind. In addition, if the proposed legislative bill is codified as an actual law, it will be a good opportunity to solve the problem of treaties effected by a Notice recognized as a practice. China, which introduced and implemented the Law on the Procedure of the Conclusion of Treaties in 1990, announced the Administrative Measures for the Conclusion of Treaties in November 2022 and has been in effect since January 1, 2023. Accordingly, this paper is to examine the Chinese legal regime regarding the conclusion of treaties and to examine the implications thereof to the discussion on the introduction of the procedural law on the treaty conclusion in Korea. In particular, this paper is to review the implications that can be drawn out of the Chinese practice in solving the problems incurred by treaties effected by a Notice.