2･28민주운동과 “쉴 권리”: 결의문에 담긴 ‘일요일 등교’ 거부에 대한 재해석

Abstract

This study reinterpreted the meaning contained in the resolution of the 2∙28 Democratic Movement in Daegu on February 28, 1960, focusing on the “Right to rest”. For this study, first, I analyzed existing studies related to the 2∙28 Democratic Movement. Next, I looked at the meaning of the “Right to rest”, which is the core content of the resolution, focusing on the holiday right of the Basic Law for the Federal Republic of Germany. Finally, I looked for directions to inherit the value of "Right to rest" in terms of basic rights, centering on the Constitution of the Republic of Korea. The results of this study are as follows. First, the existing researchers of the 2∙28 Democratic Movement did not pay attention to the core content of the resolution, the “Right to rest”. They treated the protest against “Sunday attendance” only as a direct trigger for the outbreak of the 2∙28 democratic movement. Second, rights on Sundays and holidays stipulated in Article 139 of the Weimar Republic Constitution and Article 140 of the Framework Act on Germany served to protect the preconditions for the realization of basic rights. Likewise, the "right to rest" in the resolution also had significance as a prerequisite for the guarantee of basic human rights. Third, holiday rights are not stipulated in the Korean constitution. However, considering the stability of basic rights protection and the importance of social meaning of it, that is desirable to explicitly stipulate the basis for the fundamental rights in the constitution. From this perspective, the “Right to rest” in the resolution can be said to have sufficient value to be used as a historical and democratic basis when stipulating holiday rights in the Constitution of Korea.