다문화사회의 헌법적 기초

Abstract

The Constitution, which has been interested in the only internal social problems in a defensive position prerequisite on a single ethnic or a single society, needs to be established to the direction of future-oriented point according to the advent of a multicultural society. Even though it is a little bit controversional, article 9 of the Constitution which is deemed to the principle of culture state could be examined as one of the constitutional foundation of a multicultural society. It will be advisable that article 9 of the Constitution will emphasize the national obligations regarding the preservation and succession of the unique culture, interpret very narrowly, and determine it synthetically according to consideration of the relevant provisions of the Constitution. Therefore, it should be understood as broad as possible involving human rights and welfare, political, economic and social factors rather than very limited sense of culture itself to express a social phenomenon of so called 'multiculture'. Second, the principle of tolerance derived from human dignity and value can be seen as the constitutional basis of a multicultural society. Third, Universal Declaration of Human Rights, International Covenant on Economic, Social and Cultural Rights, International Covenant on Civil and Political Rights, and Convention concerning Discrimination in respect of Employment and Occupation can also be seen as the constitutional basis of a multicultural society. Our Constitution has been enacted and amended without awareness of multiculturalism, so that it could be faced with difficulties to interpret the phenomenon of a multicultural society. In this case, it is required to interpret the Constitution contemporarily fit, future-oriented, and affirmatively.