한국의 정부형태에 대한 개선방안에 대한 연구 – 제왕적 대통령제인지 제왕적 의회인지에 대한 논의의 문제점과 해결책을 중심으로 –

Absolute majority of political scientist, constitution scholar press think that recent national chaos caused by announcement of President Yoon's emergency martial law comes from imperial presidency. is it true? recently in Korea, a special committee advisory report on constitutional amendment under the Chairman of the National Assembly in 2009, 2014 and 2017 was published, and people seem to be obsessed with the idea of discussing constitutional amendment to solve the problem of imperial presidency. However, in the doubt that our society may be making a fundamental mistake in discussing constitutional amendment, we wrote this paper to examine the problems of existing papers and various reports from a new angle. It seems that newspapers and television are not always right and need more discussion as to whether it is based on the fallacy or inaccuracy of the generalization of exceptions. Generally imperial presidency means that the president as the head of the administrative branch of the government, has a strong influence on the legislature and judiciary. in korea 1972 year Revitalizing Reforms constitution is a typical example. but 1987 current constitution weakened the power of president. unlike 1972 year Revitalizing Reforms constitution, president can not disperse national congress and control judiciary. now in korea, the main opposition Party has has a absolute influence on the executive and judiciary. of course including legislature. I assert this situation is imperial congress. in conlusion, in korea, we need the solution to solve the problem of imperial president’ abuse of right and imperial congress’ abuse of right. Many constitutional scholars and political scientists argue for a parliamentary cabinet system or a SemiPresidential system, a form of mixed government system. However, the majority of the people approve of the presidential system. That is, of course, why most countries in Europe, which are political advanced countries, have parliamentary cabinet systems. However, Japan, which has parliamentary cabinet system, is widely considered, because of factional political situation, and boss politics, a politically backward country. so some scholars propose that japanese peoples must elect a prime minister, instead of the majority party in the parliament. What really is needed in Korea has come to the conclusion that we should find a picture of a wider country's political system and a governance structure that suits us, many special committee advisory reports on constitutional amendment under the Chairman of the National Assembly, was written in the light of the true meaning of the principle of separation of powers based on the principle of checks and balances of power to resolve the evils of the imperial presidency by strengthening the power of the National Assembly, But I think these reports are not true because imperial president’ abuse of right and imperial congress’ abuse of right. happen at the same time. So I propose we must broaden direct democracy including people's initiative. people's vote and people's recall. And finally, because all constitutional amendments are decided by referendum, many proposals of Constitution revisions, must not be decided by one voting, but every proposal must be decided by one by one voting. so reform of Korean constitution should be one point reform because of direct democracy.