미래를 위한 헌법개정

Abstract

This paper examines the major principles and issues to be considered in discussions on constitutional revision for a future society that has already entered an era of scientific and technological development and application, an AI(Artificial Intelligence) -Driven Future. (Ⅰ) The Constitution, which consists of norms guaranteeing fundamental rights and organizing and controlling state power, has its core in the protection of fundamental rights. (Ⅱ) Since the current Constitution was last amended in 1987, a considerable time has passed and constitutional realities have changed, leading to growing demands for a revision that reflects these transformations. In this context, an unconstitutional declaration of martial law by a former president occurred unexpectedly last year. However, the Constitution successfully withstood that challenge, demonstrating its effective functioning and reminding citizens of its enduring importance. At the same time, the incident highlighted the need for a more precise and comprehensive constitutional framework to prevent any future anti-constitutional acts—thus calling for a ‘reform’ or ‘improvement’ of the Constitution. At the same time, it is necessary to move beyond merely revising the current Constitution and to pursue an ‘innovation’ of the Constitution that, at a more fundamental level, responds to the realities of the future world. (Ⅲ) The guiding principles for a “Constitution of the Future” may be summarized as follows: (1) a Constitution for and shared by future generations; (2) a Constitution that places the human being at the center in the age of AI; (3) Enhancement of social cohesion; (4) succession of sustainable principles; (5) reinforcement of republican values; (6) strengthened protection of fundamental rights to meet new challenges of the future world; (7) enhanced application of constitutional norms to the private sphere; and (8) modernization and renewal of constitutional terminology. (Ⅳ) The ‘Korean National Assembly’s Citizens’ Future Constitutional Revision Advisory Committee‘, comprised diverse members and produced a final report containing various proposals for the advancement of a Constitution for the future (Ⅴ). That Committee proposed draft Constitution includes amendments to the Preamble, General Principles, Fundamental Rights, the organization of State Power (the Legislature, the President and the Executive, the Judiciary, and the Constitutional Court), Local (Regional) Autonomy, and Economic Provisions. In particular, regarding fundamental rights, the proposal emphasizes guaranteeing rights related to the preservation of elements that may be depleted when future generations become the main actors—such as clean air, climate, water, rare resources, and pensions. It also suggests the inclusion of new provisions on the right to life, the right to live safely, the right to information, the protection of human-centered scientific and technological development including AI, consumer rights, and climate-related rights. Concerning the structure of state power, multiple alternative proposals are presented in an open format to achieve a better balance among the branches of government. (Ⅵ) The circumstances for constitutional amendment are increasingly favorable, as the public’s awareness of the Constitution’s importance and their aspiration for amendment have become evident. Finally, the prerequisite for a successful constitutional revision toward a future-oriented Constitution is a political culture in which state power genuinely serves the people. This requires a focus on the protection of new fundamental rights and a commitment to rational governance through political compromise, persuasion, adjustment, choice, and concession in the service of the citizenry (Ⅶ).