제왕적(초권력적) 대통령제 개선 운영 모델에 관한 헌법공학적 고찰

The presidential system of our country has been a serious debate between political forces over the parliamentary cabinet system and the presidential system since the time of the Constitution, and the government form was produced through political calculations among political forces, resulting in the so-called ‘deformed presidential system’ that contained elements of the presidential system and cabinet responsibility system of the Constitution. This deformed form of the ‘Korean-style presidential system’ has undergone several constitutional revisions in accordance with the twists and turns of our country’s political history, and has taken the form of an authoritarian presidential system with the forms of a super-powerful presidential system, a new presidential system, and a presidential-centered system. Although there were some changes in character in the process of transitioning to democratization with the revision of the Constitution in 1987, the elements of the super-powerful presidential system have not been completely liquidated, and the distorted form is still maintained. In reality, the president wields power like an ‘elected monarch’ and the state administration is repeatedly disrupted, resulting in the appearance of an ‘imperial president’. In our country, where power is concentrated in one person and the side effects of the president’s monopoly on exercising power repeatedly lead to the failure of state affairs, the reason why the presidential system has not succeeded and has repeatedly failed is not only because of many problems in the constitution, political laws, and related systems that have not been able to overcome the ‘imperial presidency,’ but also because there has not been enough specific planning and method for how to operate the presidential government. Therefore, the starting point and reason for this study is that a constitutional engineering review for normative and institutional operational review based on cause analysis is necessary. In cases where the presidential system has not succeeded, solutions can be approached at various levels. For example, a constitutional amendment plan and a plan for improving institutional operation. Changing the form of government under the constitution is not the only answer. Successful results can be achieved only when the various accompanying systems are appropriately designed and operate as they were originally intended. Based on this awareness of the problem, this article examines two major plans to examine improved measures for establishing a new operational model.