임시약헌(1927. 3. 5) 연구: 제정 경위, 구조와 내용, 위원제 정부형태

Abstract

The Provisional Constitution(Ymsiyakheon) of 1927 has been veiled for lack of historical records. I analyze the Provisional Constitution of 1927 using various methodologies. Then, I draw some conclusions. First, with accepting the one-party system and the committee government in the Provisional Constitution of 1927, it contributed to the compromise between socialists and nationalists. Second, the influences of Chinese constitutional documents remain in the Provisional Constitution of 1927 in that it had its roots in both the Provisional Constitution in 1925 and the Provisional Constitution in 1927. Third, the Provisional Constitution of 1927 selected the committee government system that was inspired by French La Directoire, Swiss Bundesrath and Soviet Russian Собнарком. It also shows strong influences of some articles in Chinese constitutional documents that adopted the committee government system. Fourth, in the Provisional Constitution of 1927, the legislature have the precedence over the executive. And the members of the State Council is concurrently responsible for the heads of Executive Ministries. The two institutions, originated from the Provisional Constitution of 1927, are even existed in the Constitution of 1987.