제헌의회 시기 입법의 사회사

Abstract

This article focuses on the legislative activities around the formation period of Constituent Assembly. Especially, newspapers and parliamentary records at that time are examined in the perspective of social history because legislations reflect the environment of political discourses and its procedure. After liberation, official and unofficial institutional procedures of legislative activities are connected from “Representative Democratic Council(RDC)” and “Provisional Legislative Council(PLC)” to “Constituent Assembly”. In this process, Korean society has raised the necessity of independent and democratic legislation. Despite of this expectation, reality of politics at that time presented many difficulties to achieve those kinds of legislation. This situations continues after the establishment of Constituent Assembly. This can be identified through the working process of codification. On these analyses, some implications can be reasoned out. First, US Army Military Government Ordinance No. 21 permits the retention of the Japanese colonial statutes. This law took some roles to restrict the effort for independent legislative activities. Second, the experiences from RDC and PLC could affect operating practices of Constituent Assembly. Third, the parliamentary decision making procedures have no choice but to be felt inefficient like contemporary practices of parliament. Fourth, the leading role taken by judicial elites make the codification work to stay at the level on partial amendment of Japanese colonial statutes. Conclusionally, parliamentary activities around the formation period of Constituent Assembly concentrated on the constitute of political hegemonic structure rather than the substantial debate about independent and democratic legislation.