The fundamental purpose of the confirmation hearing system is to restrain the right of personnel management of the president on the high-ranking government posts by the national representative institution of the National Assembly. The problems of the current confirmation hearing system operation are the short period of the confirmation hearing, dual hearing procedures, insufficient sanctions on candidate's falsehood statement, no submission of data, non-attendance of a witness, hearing operation focused on morality verification and instrumentation of the confirmation hearing by the ruling party and the opposition parties. Since the introduction of the confirmation hearing system in 2000, as the Park Geun Hye administration launched and the president as the appointer appointed high-ranking government posts, officers who declined the posts before they attended the confirmation hearing of the National Assembly, the national representative institution increased, the Blue House and the ruling party demand the improvement of the dual operation for closed verification of morality and the National Assembly open verification of policy verification with the claim 'No confirmation hearing for excessive interference of privacy.' Further more, President, Park Geun Hye, blames the confirmation hearing system for the failure due to preliminary verification insufficiency and attributes the responsibility to the opposition party and the press. On the other hand, it shows 180 degree different attitude toward the speech before and after assuming the reins of government about the confirmation hearing. As for the current confirmation hearing system, the positions about the expansion of the confirmation hearing objects or introduction have been changed according to political positions of the position changes of the ruling and opposition parties but it has independent historicity as a system introduced through 'national argument' to solve the problems of self-conscious execution of the right of personnel management in the process to appoint high-ranking government posts that have repeated even since democratization. Consequently, the recent 'Reform of the Confirmation Hearing System' that can cause the actually helpless condition of the confirmation hearing as well as the uselessness of the confirmation hearing is against the purpose of introduction to the current confirmation hearing and furthe rmore, anti-constitutional claim and anti-historical conception. The American confirmation hearing is dealing with morality as important as official position performance ability such as job eligibility of the senior official. Since introduction of the confirmation hearing in 2000, it is the thought of the people that when the quality and morality of the senior officer is evaluated, higher verification criteria should be applied. A senior officer who is of loose morality can not perform his job. In addition, the performance of official duties by a senior officer without morality is not trusted by the people. The be havior only increases the distrust of the people. Higher morality of a senior officer can not be emphasized too much.
목차
Ⅰ. 서론 Ⅱ. 인사청문회제도의 기능과 역사 Ⅲ. 현행 인사청문회제도의 주요 내용과 문제점 Ⅳ. 인사청문회제도의 개선방안 Ⅴ. 결론 참고문헌 Abstract
키워드
인사청문회공공기관 지원후보자삼권분립인사권한후보자확인시스템Confirmation HearingCandidates for public officeSeparation of the three PowersAuthority to choose PersonnelCandidate Verification system
동국대학교 비교법문화연구원 [The Institute of Comparative Law and Legal Culture]
설립연도
2000
분야
사회과학>법학
소개
본 연구소에서는 세계 각국의 새로운 법률제도를 그때그때 입수하여 이를 소개하고 한국 실정에 접목가능성을 연구·분석한다. 아울러 본 연구소는 국내의 각종 학술단체, 연구소, 연구기관과의 교류를 증진함은 물론 외국대학의 연구소와 공동연구를 통해 외국의 법문화와 학풍을 소개함으로써 대외적인 학풍선양에도 기여하게 함을 목적으로 한다.