조소앙의 삼균주의와 헌법사상

Abstract

This paper intends to evaluate the life of So-Ang Cho, an independence movement leader and political ideologue. In addition, this paper tries to reevaluate his “Samgyunjuyi”, which needs to be developed in order to prevent some negative effects of neo-liberalism. The Government of the Republic of Korea which established in 1948, succeeding to the legal legitimacy of the Korean Provisional Government. Independence, democracy, equality and international peace, which were elucidated in the preamble of the first Korean constitution, had already been made clear through the independence spirit of the Korean Provisional Government. The basic idea of the first Korean constitution was based on the Platform for Establishment of Korean Nation. So-Ang Cho wrote the platform which was adopted by the state minister committee of the Korean Provisional Government in 1941. The Father of the first Korean constitution was So-Ang Cho. The basic framework and idea of Korean constitution, was basically originated from ideas of So-Ang Cho: the “Principle of Three Equalities”. The equality of political, economic and educational rights claimed by “Samgyunjuyi” was also received by the Korean constitution as the welfare state principle. Korean Constitution provides it is ordained and established and amended “to afford equal opportunities to every person and provide for the fullest development of individual capabilities in all fields, including political, economic, social, and cultural life.” Especially Article 119, Section 2 provides that “the state may regulate and coordinate economic affairs in order to maintain the balanced growth and stability of the national economy, to ensure proper distribution of income, to prevent the domination of the market and the abuse of economic power and to democratize the economy through harmony among the economic agents.”In “Samgyunjuyi”, So-Ang Cho emphasized more equality of political, economic and educational rights, which we need to adopt in the era of knowledge society and globalization. The main thesis of the paper, thus, is that on the basis of the above equality of political theory; it is necessary to discuss “deliberative democracy” which means expansion of equal and substantial participation in politics. On Equality of educational rights theory, I wish to emphasize the meaning of community and humanity education. Finally, concerning Equality of economic rights theory, we should fulfill “economic democratization” that was directly born as a direct outcome of “June 1987 Democratic Movement.”