공화국원리와 한국헌법의 해석

다국어 초록 (Multilingual Abstract)

  Recently, Korean people pay attention to ‘Republic’ or ‘Republicanism’. In history Korea has adhered to the absolute monarch. At the end of Chosun-dynasty, western political ideas were introduced into Korea and then the changeability of State form could be discussed for the first time. In 1919, ‘Republic’ was provided in the Constitution of provisional government, so we established the first republic in the Korean peninsular. ‘Republic’ was also provided in the Article 1 of 1948 Constitution of Korea. The Article 1(1) of the present Constitution (1987) provides: “Korea is a democratic republic.”<BR>  The drafters of 1948 Constitution understood formally that ‘Republic’ was a state form which was not monarch. Up to now most Constitutional scholars in Korea have understood the ‘Republic’ in a narrow, passive and formal way. But today such understanding is no more of use for we already have established the people"s sovereignty and democratic system. It is a present task of Constitutional jurisprudence to examine whether ‘Republic’ in Constitution can be interpreted as a principle with concrete substances, and if so, what kind of effect can be brought to the interpretation of Constitution.<BR>  The concrete substances of Republic as a constitutional principle can be traced back to the Greco-Roman republicanism tradition. According to this tradition, Republic is a political system ⅰ) of citizens who have liberty without any domination over themselves in which ⅱ) representatives who are elected in the well-designed laws and institutions are serving the commonwealth and ⅲ) the citizens respect dignity and honor as highest values, participate in the public affairs and share the responsibility for their community.<BR>  In consideration of such substances there could be some possibilities in re-interpretation of the Korean Constitution like: ① Democratic republic as a justifying-principle of State; ② Relationship between the state and citizens as constitutional (legal) relationship; ③ Understanding of state and human being in the republican way; ④ Republican understanding of fundamental rights; ⑤ Republican understanding of State organization and public service order; ⑥ Civic virtues and republic civic education.<BR>  However, we must keep in mind that: if republican interpretation of Constitution extends to the argument that the community has priority over individual, that is, the argument of ‘in dubio pro auctorit？t’, it will be mixed with underdeveloped political & social culture in Korea and consequently ‘democratic’ republic will go astray.