헌법 개정에 관한 연구 - 책임정치구현과 통일 헌법을 중심으로 -

Abstract

This paper reexamines the discussion about Constitutional Revision that has recently occurred in Korea. There have been a lot of discussion on the revision of the constitution law in Korea. While it is necessary to analyze the discussions, it is also important to investigate the necessity of the constitutional revision despite great expense and to discuss the relevance of the basic direction for the constitutional revision. This paper will attempt to identify the characteristics of the recent amendment debates, as well as the historical meaning of the Constitution. And then it will reexamine the reformists’ arguments regarding the necessity of the amendment, and it will analyze the concrete issues through a critical and cautious view. This study discussed an actual necessity of the revision of articles for fundamental rights in the constitution based on the results of review above and complementary measures through constitutional interpretation and enactment in case of the practical difficulty to the immediate constitutional revisionUsing references to the Constitutional Amendment debates about the form of government, will argue that in the current Constitution, the issue with the form of government is caused by institutional operations rather than by the institution itself. I will thus suggest that the Constitution should be partly amended while maintaining the current presidential system, rather than being fully amended through the introduction of new institutions such as the parliamentary system. Nevertheless we must establish new constitution to assure real protection of fundamental rights, check and balance of power and, rule of law. Finally, I maintain that long-term constitutional research through a neutral Institute must continue in order to adopt the new Constitution for the coming united Korean period and for the future constitutional vision.