1948年 國會의 法的 性格에 관한 硏究

Abstract

This article aims at reviewing the character of the 1948 National Assembly which made the first Korean Constitution. After the liberation from Japanese colonial ruling, US Military Government began to rule South Korea on September 11, 1945. During the US Military Government period, South Korea tried to build a new sovereign nation. As the first step, the National Assembly, which should make a constitution to build a nation, was composed of members elected by universal, equal, direct ballot. This election was carried out on May 10, 1948. The National Assembly began to work for making a constitution. It elected 30 members for drafting a constitution on June 1, 1948. The members of the National Assembly deliberated and debated on the Draft from June 23. They passed a vote of the Draft on July 12. The president of National Assembly promulgated the first Constitution on July 17. The article 102 of this Constitution prescribed that the National Assembly should be converted to a legislative body. It was usually said that the 1948 National Assembly had double characters as a constituent assembly and a legislative body during its all period. However, my opinion is this like understanding is not correct. In this article, I make the new suggestion that the 1948 National Assembly had the character of a constituent assembly from May 31 to July 17 and the character of a legislative body after July 17, 1948. I made a comparison between Korea and US in a constitution-making to clear up this point.