1980년 헌법의 형성과 발전 및 평가

Abstract

Compared to the Constitution for Revitalizing Reforms, the 1980 Constitution defined more basic rights, put restrictions on the president’s rights to dissolve the National Assembly and assuming emergency powers, and the former president’s right to recommend up to one third of the National Assembly members was eliminated. In the sense that such restriction were made to prevent the abuse of presidential authority and that the presidency was now restricted to one term of seven years, the revised constitution could be seen in a positive light, as one with the basic formula of a democratic constitution. However, as the 1980 Constitution still secured the presidential rights to dissolve the National Assembly and assuming emergency powers, and that the president was still elected through indirect election as of the days of the Constitution for Revitalizing Reforms, the 1980 Constitution still lacked democratic credentials. Then there was the National Defense Legislation Council, which actually had comprehensive legislation rights, same as the National Assembly, though it did not represent the Korean people by an additional clause of the 1980 Constitution. With this National Defense Legislation Council, the Cheon, Du-Hwan's administration forged mostly unconstitutional laws to his wish. According to article 6 clause 3 on an additional clause of the 1980 Constitution, laws made by the above council did not require examination for violation of the constitution. The 1980 Constitution can be badly evaluated by these reasons. In a nutshell, though long term hold of power was no longer possible, there were no effective means to control presidential authority. For these reasons, I see the Cheon, Du- Hwan's administration as the continuation of military and dictatorship power of the Constitution for Revitalizing Reform.