대한민국을 민주공화국 주권자의 헌법공동체로 만들기: 촛불시민혁명의 주권자적･시민적 요구에 부합하는 국가개조의 규범적 통합이념에 관하여

Abstract

Finishing its beginning with the election of the 19th president ofDaeHanMinKook (Republic of Corea) through the great political achievement ofimpeaching and firing the prior president Geun-Hye Park since the firstcandlelight rally in Oct. 29th, 2016, the Candlelight Civic Revolution in SouthCorea confronts at now with a task of the state-remodelling of DaeHanMinKook inwhich each kind of deep-rooted evils has accumulated fully during the nine-yearold successive seizure of power by two extreme-right conservative governmentswhich were of regressive character with respect to the quality of democracy inspite of one-generation long process of democratization since June DemocracyMovement of 1987. The most important point of the task is, whether anappropriate end of the state-remodelling which any citizen of DaeHanMinKook isable to universally accept can be set up, and whether a driving force to achievesuch end can be firmly created among the Corean citizenry anywhere in theCorean society and state. On this problem-situation my article takes attention to the mode of the actualprocess of the Candlelight Civic Revolution which has never deviated any oneinch from both the state-purpose and the constitutional order prescribed in thecurrent Constitution of Republic of Corea which formulates compactly thehistorical experiences of national politics in modern Corea. Through the thinkingexperiment on the inner aspect of the anti-japanese righteous deed AhnJung-geun as the moment of establishing of DaeHanMinKook as an independentsovereign state and the field analysis of the process of the Candlelight Civic Revolution I point out that firstly just in this historical event a democraticrepublic unified with the sovereign citizenry, i.e. the ideal of the constitutionalcommunity, namely, the one-hundred years enduring dream of DaeHanMinKooksince the early trial of nation-building, has realized itself. The candlelight-citizensexpelled the forces of deep-rooted evils according to the criteria and proceduresprescribed in the current Constitution of Republic of Corea and required therights of the sovereigns of the Democratic Republic. Thus, the Candlelight CivicRevolution has been driven by the way of a two-track co-operation of thesovereign-civic politics and the governing organizations within the constitutionalorder of positive efficacy. And in the process of the sovereign-civic politics werejoined the conservative and the progressive, the right and the left as well as thepeople divided into provinces and localities with diverse. Eventually, in thecoming process of state-remodelling as the second phase of the Candlelight CivicRevolution it must and should be the Constitution that is the normative idea ofnational integration uniting the citizens of each kind with plural and diverseinterests into one national citizenry, while each article of the Constitutionoperates as the indicator of state reform.