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The Constitutional Meanings of the Establishment of the Korean Provisional Congress - Focusing on the Introduction of the Modern Parliamentary System -
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대한민국 임시의정원 성립의 헌법적 의의 - 근대 의회제도 도입을 중심으로 -

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Type
Academic journal
Author
Lee, Byeong Gyu (동의과학대학교)
Journal
Korean Public Law Association Public Law Vol.48 No.1 KCI Excellent Accredited Journal
Published
2019.10
Pages
21 - 54 (34page)
DOI
10.38176/PublicLaw.2019.10.48.1.21

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The Constitutional Meanings of the Establishment of the Korean Provisional Congress - Focusing on the Introduction of the Modern Parliamentary System -
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Abstract· Keywords

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In the respect that the establishment of the Korean Provisional Congress introduced a modern parliamentary system to Korea, this study examines what influence the Korean Provisional Congress had on the initial formation of the Korean parliamentary system and what constitutional meanings the Provisional Congress has.
The formation of the Korean Provisional Congress is not irrelevant to the time when Constitutionalism began to spring up in Korea in the late nineteenth century and when the western parliamentary system began to be introduced to Korea. The formation was based on theoretical and empirical understanding of the western assembly system which was presented in the Fourteen Articles of the Exemplary Rules, in the movement posed by the Independence Club to establish National Assembly, in the Royal Constitution of the Korean Empire, and in various newspapers and textbooks.
The establishment of the Korean Provisional Congress evaluated as the introduction of the modern parliamentary system has the following constitutional meanings. First, the Korean Provisional Congress had performed an actual role of National Assembly until the independence of Korea from Japan because it had and exercised the authority of today’s representative body with legislative power, financial power, power to keep the government in check, and so on.
Second, the Korean Provisional Congress was more than just a normal representative body or a normal legislative body in terms of its function and role. In other words, the Korean Provisional Congress assumed a key role as an organization which essentially created legitimacy of the Constitutional Convention or the Provisional Government. The Korean Provisional Congress itself enacted a constitution and existed as a legislative authority according to the constitution.
Third, many of the relevant provisions such as the interim constitution, Korean Provisional Congress Act, and so on will provide normative continuity with such relevant provisions as the current Constitution, National Assembly Act, National Assembly Secretariat Act and so on. This could be the source to examine the continuity from a normative dimension, getting out of the discussion that the Korean Provisional Congress went through Emergency National Assembly and National Convention, leading to today’s National Assembly.
Fourth, the system in which the government continuously took charge of the Korean Provisional Congress in the modified form of government, that is, the parliamentary cabinet system after the interim constitution adopted the presidential government, will offer themes of various discussions about future reorganization of the power structure in the Korean constitutional history consistently keeping the presidential system except the parliamentary cabinet system of the Second Republic Constitution since the first constitution of Korea.

Contents

〈국문초록〉
Ⅰ. 서론
Ⅱ. 근대 의회제도의 도입과 임시의정원의 성립
Ⅲ. 임시의정원의 구성과 운영원리
Ⅳ. 임시의정원의 지위와 권한
Ⅴ. 결론
참고문헌
〈Abstract〉

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