제헌기 종교자유 사상과 종교조항의 탄생

Abstract

How the constitution of a liberal state approaches to religious freedom plays an important role in characterizing the ideology of the constitution between liberalism and communitarianism. In this article, I inquired into the thoughts of religious freedom working in the process of framing the religion clause in order to get a better understanding of how the Korea Constitution of 1948 could be ideologically characterized. As a preparatory step for the analysis, I proposed four categories regarding religious freedom and relation between religion and state as follows: non-separation model, friendly separation model, strict separation model, and unfriendly or hostile separation model. My conclusion was that the consensus in the constituent assembly on the meaning of the religion clause had been restricted onto very narrowly understood religious beliefs, super-formal equality only among main religions, the prohibition of state church. It reflected the ‘Donghwa-ism’(同和主義) which I termed to specify the ideology of the Korea Constitution of 1948, not the same as, but more similar to, communitarian republicanism than individualistic liberalism. It meant that many important issues and wide areas were constitutionally open, and the Government could carry out friendly separation policy and unfriendly separation policy ad hoc, which were popular models at that time. As a result, the reality of religious freedom had been formed without principles until the democratization in 1980's.