한국의 계엄사에 관한 연구

Abstract

The focus of this thesis is the Material Law History in Korea. Material Law a nation’s emergency competence has worked out as a means in history to maintain national peace and social order. Such function and values are still valid nowadays, and the basic aim of the law is not defaced. However, there is also a problem that the material law in force now does not reflect the current times. It has been more than 20 years since the law was revised. Since the realistic situation has changed so much all the while, it is necessary to revise the law reflecting the real world, wether the system is used frequently or not. Further, articles concerning the material law have many problems within, in the relationship with basic human rights. Constitution in Force now states the material law in article 77. Material law is stated with two categories of extraordinary and precautionary material law. The material law in force now is stated based on constitution. It has been revised 4 times. But the law in force now still has many problems. First, the condition to proclaim the material law is not certain. Second, the president must get consent from the assembly after the proclamation of material law, but it's more effective to get prior consent to control material law. Lastly, the law has possibility to impose excessive restriction on people's fundamental rights. Therefore, the law has to be revised to resolve those problems.