헌법개정을 통한 기본권 보장 강화

Abstract

By researching the history of constitutional affairs in South Korea, the constitutional revision aimed to extend political power or in the event of a political incident. It is unlikely that the provisions concerning fundamental rights were stipulated in the Constitution after repeated discussions, and it cannot be said that the guarantee of fundamental rights has been strengthened by the revision of the Constitution. In the discussion on constitutional amendment, it is assessed that the discussion on fundamental rights was relatively inadequate. Since the Constitution is a norm of a strong political character, it is natural that discussions on constitutional amendment should be active with regard to the composition of national institutions, power relations and the control of power. But the debate on the constitutional amendment concerning fundamental rights is no less important. Fundamental rights which require new explicit provisions in the Constitution in relation to fundamental rights must be stipulated in the Constitution through a constitutional amendment. However, fundamental rights are not guaranteed only if the Constitution so provides. More important than the explicit provisions would be the desire to guarantee fundamental rights. In South Korea, a referendum is necessary and the constitutional amendment is not easy. Of course, the question of whether it is desirable to facilitate constitutional amendment may be raised, but if a constitutional amendment procedure without a referendum is established by the constitutional amendment with the current constitutional amendment procedure, the constitutional amendment provisions relating to fundamental rights will be easy. It will be possible to revise the constitution.