@article{ART001554129},
author={Ko Jun-seok and 노제훈},
title={A Study on the Developing Scheme of the Parliamentary Inspection System in Korean Constitution},
journal={Public Land Law Review},
issn={1226-251X},
year={2011},
volume={53},
pages={313-330}
TY - JOUR
AU - Ko Jun-seok
AU - 노제훈
TI - A Study on the Developing Scheme of the Parliamentary Inspection System in Korean Constitution
JO - Public Land Law Review
PY - 2011
VL - 53
IS - null
PB - Korean Public Land Law Association
SP - 313
EP - 330
SN - 1226-251X
AB - The modern democracy was developed and based on the Separation of Power of government and allowed to fulfill its function of “check and balance” among the three powers. This paper begins with the idea that the Parliamentary right to inspect and investigate, having been created for need to straighten the unbalanced Separation of Powers, is considered to correct the situation of the Executive’s invasion into the People’s right, its unpair Political action, and its anti-democratic action.
This study is designed to correct some defects which appeared in past constitutional system and to find out the best way this system should be exercised, through the consideration of the power of inspection and investigation which was in our past constitutional system. This paper is a theroretical study on the Parliamentary right to inspect and investigate, which is based on the practical grounds in Korea.
This peculiar system of the Parliamentary inspection was reintroduced when the Constitution of 1987 was adopted. In order to prevent the President from dictatorial ruling, the drafters of the Constitution vested the general inspection power to the National Assembly. Since then, it has been widely accepted that the system has facilitated to monitor state affairs effective means of fulfilling the ideal of the sovereignty residing in the people. The inspection system, however, has been under severe criticisms for its malfunctioning. Some advocates of amending the Constitution thus propose to eliminate the inspection system from a new constitution.
This article surveys the historical development and changes of the inspection system, examines the arguments of the pros and cons of the system, and appraises those conflicting positions. The author agrees that the Parliamentary inspection system does have many problems. He, however, believes that it is much better to improve the system rather than to abolish it. The author proposes in this regard that financially supported by the the national government. With respect to the inspection of national state affairs, the paper suggests that the target government agencies should be reduced, and the procedures of the inspections should be reformed in order not to burden the agencies’ regular function.
KW - 국회(the National Assembly);국정감사(parliamentary inspection system);국정감사기능(function of parliamentary inspection);국정감사폐지론(abolition of parliamentary inspection system);의회주의(parliamentarism)
DO -
UR -
ER -
Ko Jun-seok and 노제훈. (2011). A Study on the Developing Scheme of the Parliamentary Inspection System in Korean Constitution. Public Land Law Review, 53, 313-330.
Ko Jun-seok and 노제훈. 2011, "A Study on the Developing Scheme of the Parliamentary Inspection System in Korean Constitution", Public Land Law Review, vol.53, pp.313-330.
Ko Jun-seok, 노제훈 "A Study on the Developing Scheme of the Parliamentary Inspection System in Korean Constitution" Public Land Law Review 53 pp.313-330 (2011) : 313.
Ko Jun-seok, 노제훈. A Study on the Developing Scheme of the Parliamentary Inspection System in Korean Constitution. 2011; 53 313-330.
Ko Jun-seok and 노제훈. "A Study on the Developing Scheme of the Parliamentary Inspection System in Korean Constitution" Public Land Law Review 53(2011) : 313-330.
Ko Jun-seok; 노제훈. A Study on the Developing Scheme of the Parliamentary Inspection System in Korean Constitution. Public Land Law Review, 53, 313-330.
Ko Jun-seok; 노제훈. A Study on the Developing Scheme of the Parliamentary Inspection System in Korean Constitution. Public Land Law Review. 2011; 53 313-330.
Ko Jun-seok, 노제훈. A Study on the Developing Scheme of the Parliamentary Inspection System in Korean Constitution. 2011; 53 313-330.
Ko Jun-seok and 노제훈. "A Study on the Developing Scheme of the Parliamentary Inspection System in Korean Constitution" Public Land Law Review 53(2011) : 313-330.
