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학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
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초록· 키워드
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The Park Chung-hee era in South Korea showed us the very contradictory co-existences between the constitutional infringements of the regime and the harsh oppression through constitution and law from above. Then without understanding the principles and practices of constitution, we cannot comprehend that age at all.
Above all, the May 16th military Coup d’etat constitution in 1962 was made by the non-elected military officers, bureaucrats and scholars without participation of any popular representatives. The coup constitution did not consist of any constituent of democratic legitimacy. It also reduced the scale of the parliament very much, resulting in the breach of the separation of power. Moreover it transformed the basic principle of economic system from social justice and balanced national economy to economic freedom and innovation of the individuals. This change was really fundamental.
Yushin constitution in 1972 also lacked the democratic legitimacy by being made the non-elected very few bureaucrats from above. Moreover Park regime informed North Korea on the top secret of making the new constitution in advance. The Park regime itself negated the nominal cause of anti-communism and unification of making the new constitution. It was so paradoxical and self-contradictory. In addition, in order to justify the dictatorship, it transformed the essential identity of the Republic from ‘democratic one’, founded in 1948 at the time of state building, to ‘liberal democratic one by distorting the original conception of ‘the free and democratic basic order’.
South Korea is still under the strong influences of the Park Chung-hee era, especially constitutionally-embedded institutional and socio-economic system. At least, viewing from aspects of the basic identity of the state, the scale of the parliamentary and its relations with the president and the power separation, and the characteristics of the social-economic system, South Korea keeps on the fundamental elements of the Park Chung-hee era. Then, in order to develop the quality of democracy there, it needs to cope with the critical negative legacies of the Park era constitution.
Above all, the May 16th military Coup d’etat constitution in 1962 was made by the non-elected military officers, bureaucrats and scholars without participation of any popular representatives. The coup constitution did not consist of any constituent of democratic legitimacy. It also reduced the scale of the parliament very much, resulting in the breach of the separation of power. Moreover it transformed the basic principle of economic system from social justice and balanced national economy to economic freedom and innovation of the individuals. This change was really fundamental.
Yushin constitution in 1972 also lacked the democratic legitimacy by being made the non-elected very few bureaucrats from above. Moreover Park regime informed North Korea on the top secret of making the new constitution in advance. The Park regime itself negated the nominal cause of anti-communism and unification of making the new constitution. It was so paradoxical and self-contradictory. In addition, in order to justify the dictatorship, it transformed the essential identity of the Republic from ‘democratic one’, founded in 1948 at the time of state building, to ‘liberal democratic one by distorting the original conception of ‘the free and democratic basic order’.
South Korea is still under the strong influences of the Park Chung-hee era, especially constitutionally-embedded institutional and socio-economic system. At least, viewing from aspects of the basic identity of the state, the scale of the parliamentary and its relations with the president and the power separation, and the characteristics of the social-economic system, South Korea keeps on the fundamental elements of the Park Chung-hee era. Then, in order to develop the quality of democracy there, it needs to cope with the critical negative legacies of the Park era constitution.
목차
1. 문제제기
2. 5ㆍ16쿠데타와 헌법의 등장
3. 유신헌법과 법치ㆍ헌정주의ㆍ민주주의의 파괴
4. 유신헌법과 국가의 성격 및 정체성: ‘자유민주주의’ 삽입의 의미
5. 민주헌정 복원, 헌정주의 회복투쟁으로서 유신헌법 철폐운동
6. 맺음말에 대신하여
Abstract
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UCI(KEPA) : I410-ECN-0101-2013-905-000393585