헌법의 이념적 기초로서의 홍익인본(弘益人本) 사상에 관한 연구

Abstract

Constitution, forming a nation's legal order, should reflects the history and tradition of people in its ideology, principle and contents as a supreme legal norms of political community sharing history and tradition. "Humanitarianism" which embraces our people's history and tradition can be accepted as ideological foundation of constitution based on universal humanism and ethnic identity, and as a political decision making norm, it is regarded to shift pluralistic conflicts of modern society to an agreement-aimed direction. Even though there has been an argument regarding its valuation due to insufficiency of historical research and inclusiveness of ideological contents, such limitations of Humanitarianism should be regarded as a task to be overcome through constitutional realization as humanism / democracy / equality are actualized through historical process. And considering the present constitutional tasks such as unification / climate change / multicultural society, beyond interpretation of fundamental rights provisions and constitutional amendment of government system, it would be meaningful if we accept and stipulate the humanitarianism in addition to the preamble to the constitution stating that "upholding the cause of the Provisional Government of the Republic of Korea born of the March First Independence Movement of 1919 and the democratic ideals of the April Nineteenth Uprising of 1960 against injustice, having assumed the mission of democratic reform and peaceful unification of our homeland and having determined to consolidate national unity with justice."Furthermore, we need to pay attention to modern value of humanitarianism from the level of constitutional realization. Even though the call for universal pacifism may be understood as a mere declaratory meaning, it can be utilized as an important guideline interpreting fundamental rights if nature harmonizing view of the human is actively considered. Open nationalism can be utilized as a guiding ideology for unification, and democratic political ideology, considering the trend of emphasizing the people's participation to political decision making, can make a foundation for substantial people's participation beyond nominal procedural guarantee. Hereupon, our constitutional idea embracing humanitarianism, which exceeds humanism / freedom / equality of fundamentals of western constitutional idea differing from ours in historical origin, is expected to contribute to complete universal human pacifism.