미래헌법으로 가는 국가권력구조 개헌

This study seeks to propose a direction for structuring the state power in a future constitution, exploring which specific agendas should be discussed and examining the various proposed frameworks. The analysis primarily focuses on proposals regarding the state power structure (the National Assembly, the President and Executive Branch, the Judiciary, the Constitutional Court, etc.) within the “2024 Future Constitutional Amendment Proposal” put forward by the National Assembly’s Advisory Committee on Future Constitutional Amendment (2024–2025). Furthermore, it comparatively examines relevant sections of previous amendment proposals, including the National Assembly Advisory Committee proposals of 2008, 2014, 2017, and 2023, as well as the 2018 Presidential Constitutional Amendment Proposal. In this study, the following directions for a future-oriented constitutional revision are presented: Discussions oriented toward a future-looking amendment ; Revision of the state power structure to strengthen the protection of fundamental rights and establish a system of checks and balances ; Strengthening the representation of future generations ; Establishing a future-oriented state power structure and reinforcing compliance with sustainable constitutional principles ; The development and utilization of human-centered science and technology, such as Artificial Intelligence (AI) ; The consolidation of public will and the timely execution of constitutional reform ; Republicanism and social integration, etc. Regarding the agendas and proposals discussed by the Advisory Committee, the study examines: The National Assembly: The introduction of a bicameral system, the scope of parliamentary immunity and privilege, the retention of the government’s right to introduce legislation, the granting of legislative initiative to the public, and the adoption of the “budget-as-law” principle (agreed upon). The President and the Executive: A four-year re-electable term (agreed, distinguishing between consecutive and non-consecutive terms), the introduction of a runoff voting system (agreed), the appointment of the Prime Minister via National Assembly recommendation, and making the Board of Audit and Inspection an independent body or transferring it to the National Assembly. The Judiciary: Establishing a constitutional basis for the jury system and public participation in trials (agreed), the method of appointing the Chief Justice, abolishing the Chief Justice’s right to recommend Supreme Court Justices, revising the selection process for Supreme Court Justices, and abolishing fixed terms for general judges. The Constitutional Court: The introduction of abstract norm control and constitutional complaints against judicial rulings, increasing the number of justices, the election of all justices by the National Assembly (including the application of a weighted quorum), establishing a constitutional basis for “modified decisions.” Election Management: Issues regarding the composition of the National Election Commission and the selection process for its members. Amendment Procedures: The introduction of a popular initiative for constitutional amendments and the relaxation of the quorum required for the National Assembly to propose an amendment. Additionally, the researcher calls for a review of the existing majority opinion, which holds that the National Assembly must only vote “yes” or “no” on a proposed amendment without the power to modify it. It is now time to act without missing the window for constitutional reform. This includes amending the Referendum Act to allow for overseas voting—essential for a national referendum—and swiftly establishing and activating a Special Committee on Constitutional Amendment. By incorporating world-first provisions on AI(Artificial Intelligence), Korea should establish a “Global Leading Future Constitution” that serves as a model for the international community.