韓國 國會의 國政監査·調査制度의 發展方向에 관한 硏究

Abstract

It may be proper to define the parliamentary right to inspect and to investigate as the Congress'authorities, with which the Congress can employ its authorities of legislation, finances, and policy control effectively and properly to inspect and investgate all national administrations or particular ideas on the administration. This is an undoubtable right and an inevitable duty given to the Congress in order to practice Democratism and collect the public opinions. The modern democracy was developed and based on the separation of Powers of government and allowed to fulfill its function of "cheek and balance" among the three powers. In fact, however, the Executive power has been too strong to be controled by this function. The Executive have not only reserved a gigantic bureacratic system but also stored up informations knowledges and technical experiences. So, what the Congress representing the public, have done is only to improve or take a post management problems caused from the Execution. 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 envasion into the People's right, its unfair Political action, and its anti-democatic action. This paper is a theoretical study on the Parliamentary right to inspect and investigate, which is based on the practical grounds in Korea. In brief, the followings are the summarized something of this paper. First of all, for the purpose of substantial approach to the right, this paper introduce two theories of power: one is a theory of power as the essential, the other of power as the assistant, and discuss what thoretical ground need to be established for the Korean Parliamentary inspection and investigation. Second, this paper looks into the transition procesure of the Inspection on the Korean constitution articles and mentions the status of other important countries (for example, England, USA, German, and Japan), refering to recordings. Generally the developing countries centralize its aim on the approach or accomplishment of their industrialization and modernification. It is regarded as a general and unavoid situation that in the process of putting this industrialzation and modernification into practice the Executive becomes to have unrivalled right, making the legislative body its maid and Neo-presidentalism risen. Similarly the Korean Government since her Independence to the present have been interspersed with the clipped operation, but now the public effort willing to correct this situation are developing with the resurrection of the Parliamentary right to inspect and investigate. In reference to this, the third chaper deals with the status of the Parliamentary inspecction system; and study the subject, procesure, limits, and restriction of the Parliamentary inspectian ; and reseroh the actual condition of the Execution in 13th Congress. The fourth chapter points out problems of the system and present an idea to improve or develop them. The problems are followings; First, in reletion to the system's aim and subjects, the Parliamentary inspection is focused on politial affairs or newsworthy events rather than the policy itself. And there are also problems of dispute on the powers between the the Parliamentary Inspection and the Board Of Audit's, problems of a depreciated effectiveness due to too many organizations subjected to the Inspection, and problems of the duplication on the local inspection. To avoid these above problems, it is needed to switch foward a policy-directed inspection, to keep the Complementary-cooperitive relationship between the Parliamentary and the Board of Audit in their inspections, to do a more effective inspection by choosing the objects reasonably, and to avoid the duplicate inspection by establishing one union for inspection. The second problems are about the applicational technique of the Parliamentary inspection system: for example, a matter of opening or closing the inspection to the public, an irrationality of the executive time and period, and the absence of sincerity of both the Parliamentary members and the inspected organizations. To improve these problems, the Parliamentary inspection have to be done on the principal of opening to the public in order to secure their right to know, but only national security secrets may be except from this principal. And the Inspection times may be controled by the subject which are doing the inspection so that the inspection will not remain temporary, bombshell-announcing, or only sensational for popularity. Also, it is needed to encourage the sincerity and responsibility of both Parliamentary members and the inspection object. The third problem is about the application of witness system; the adoption of witness have been done just formally and uniformly by each standing committee for just reporting to its senior. And without comparion with the inspection details, witness who attracts the public gaze at that time has been adopted and treated like a criminal. Also the witness almostly have to wait for a long time. To improve these problems, the questions to witness should be applied effectively through the rationalization in the witness adoption and the obligation system which requires the pre-reported answers. And a false evidence should be avoid with the complementary measures of the presentation order system and by inviting a special inspection system. Fourth, there are problems on the submitted lists control and its result handling of the Parliamentary inspection. Unrealistic and redundant lists are required. The deadline for presentation itself has problems in reporting and sbmission of papers, and for witness. And also there are problems of delayed administration of the result and the absence of the Executive power. To improve the above situation, rational and realistic papers need to be subimitted and the proper security measure for inspection results should be devised. The presentation request should be allowed with a flexibility and make the dead-line clearly when the inspection results are notified. The fifth, problems are about organizing the inspection group and its profession. The organization have been formed by regional groups. And the committee members almost are deficient of professional knowledge and manpowers for the inspection are not sufficient, too. To improve these states, the inspection group needed to be Formed with professional committee members and committee members have to upgrade their quality. And the manpower for inspection should be increased. If the theoretical system of the Parliamentary inspection is established and the inspection is applied rationally, legitimately and properly for its goal in the process of practice, the administration of government will be an administration pointing toward the public wealth, the public welfare, and the future-directed administration.