In Korea, religious issues involve constitutional values such as the prohibition of religious discrimination, freedom of religion, non-establishment of a state religion, and the separation of religion and state.
Legal and religious studies have lacked...
In Korea, religious issues involve constitutional values such as the prohibition of religious discrimination, freedom of religion, non-establishment of a state religion, and the separation of religion and state.
Legal and religious studies have lacked approaches that explain such values from a historical or comprehensive perspective. This paper seeks to trace the historical development of constitutional religious values and to pinpoint the contexts where related issues emerge.
Before Korea’s liberation in 1945, Joseon and the Korean Empire permitted treaty partners the freedom to perform their religious rites.
However, because of Japan’s discriminatory classification of religion and its ‘de facto policy’ of establishing Shinto(神道) as a state religion, there was no institutional guarantee of religious values.
After Korea’s liberation in 1945, the U.S. military government's proclamation and the First Constitution concurrently introduced religious values, and subsequent constitutions likewise incorporated religious values. This meant that religious values had come to form a cluster of normative principles. At the same time, through the principles of statutory reservation and proportionality, a standard was established that constitutional rights relating to religion could be restricted only within the scope necessary for maintaining social order and promoting public welfare.
Constitutional religious values have given rise to numerous contentious issues in actual cases. Conscientious objection to military service and anti-discrimination legislation, among others, have provoked debates surrounding religious freedom and equality, as well as the legitimacy of their limitations. The military chaplaincy system and state funding for religious activities, in particular, have raised issues concerning the scope of non-establishment of a state religion and separation of religion and state.
These religion-related issues indicate that the meaning of constitutional religious values changes over time. Such change should proceed in the direction of realizing human dignity and happiness by broadly guaranteeing freedom and equality while not infringing upon the rights of others, thereby enabling a shared future for all.