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柳永益(Lew Young-Ick) 역사학회 2006 역사학보 Vol.0 No.189
The constitution of the Republic of Korea (ROK) promulgated on July 17, 1948 is one of the most "progressive" constitutions adopted by a newly emerging nation in the wake of the World War Ⅱ. It features an American-style presidential system, unicameral legislature, land reform, and the nationalization of major industries. In addition, the new constitution sets forth a host of other democratic provisions, including the guarantee of basic human rights. The scholars dealing with the history of the ROK constitution almost unanimously characterize this historic document as a brain-child of Professor Yu Chin-o (Yu Jino, 1906-1987), a leading constitutional scholar in the post-liberation Korea. Professor Yu worked on the draft of the ROK constitution as one of the "professional consultants" in the Committee to draft the Constitution (CDC) of the Constituent National Assembly (CNA) from early June to mid-July 1948. This paper challenges this conventional view and argues that Dr. Syngman Rhee 0875-1960), the Chairman (or Speaker) of the CNA, deserves a major credit for the making of the ROK constitution. Syngman Rhee made key contributions to the formulation of the ROK constitution in the following manner: First of all, he successfully persuaded the members of the CDC and the CNA to adopt an American-style presidential system and unicameral legislature, amending Yu's draft, which featured a British-style cabinet system and bicameral legislature; Secondly, Rhee was the one who fostered the socialistic provisions of land reform and nationalization of major industries. Back in 1946 Rhee, as head of the Representative Democratic Council of South Korea, had made those socialist provisions as part of the Council's 27-point "National Program." It is almost certain that Yu borrowed part of Rhee's 27-point program-land reform and nationalization of major industries-in writing his draft constitution; Thirdly, Rhee modified Yu's "Preamble" of the constitution by adding a critical passage highlighting the point that the ROK stood in the tradition of the Korean Provisional Government(s), (KPG); Fourthly, Rhee was able to persuade the CNA to adopt "Daehan minguk (The Republic of Korea)" as the official name of the new-born republic-a name which he and his colleagues had been using in referring to the KPG during 1919-1948. In sum, Rhee played the decisive role in shaping the ROK constitution to suit his own vision of the new Korean republic. He could prevail upon the members of the CNA partly because he, as a charismatic leader, enjoyed an unrivalled prestige among the fellow Assemblymen. Before, during and after his presidency of the KPG in Shanghai, China, from 1919 to 1925, he had studied the constitutions of the United States and European countries. One could say that by 1948 Rhee was well versed in the art of constitution-making. This all amounts to saying that the ROK constitution of 1948 embodied the political visions of Chairman Syngman Rhee, who was destined to rule South Korea for twelve years as its first President after personally promulgating the constitution.
柳永益 연세대학교 인문과학연구소 1999 人文科學 Vol.80 No.-
Syngman Rhee (SR, 1875-1965), the first President of the Republic of Korea, spent about five and a half years in the Hanso˘ng [Seoul] Prison as a political prisoner from January 1899 to August 1904. While in prison, he devoured books, magazines, and newspapers printed in Korean, Chinese, Japanese and English. He also authored and translated many books, articles, and poems utilizing multi-lingual sources. The works which SR completed in prison include Tongnip cho˘ngsin ("The Spirit of Independence") Ch′o˘ng-Ⅱcho˘n′gi ("A History of the Sono-Japanese War″) and Ch'eyo˘k-chip ("Anthology of poems Written in Substitution of Pena. Labor"), which were published years after his release from prison. There are some mansucripts which SR wrote in prison but were not subsequently published. One of them is a group of SR's essays and notes preserved in a Western-style notebook, which might conveniently be labelled "Miscellaneous Prison Writings (MPW, Kamok chapki)." The "MPW" consists of about forty literary pieces in seven major categories: (A) Writings concerning SR's prison life; (B) records concerning the incidents which were occurring in and out of the Hansong Prison; (C) the essays and editorials which SR composed in classical Chinese for patriotic causes; (D) translations of important diplomatic documents; (E) hand-written copies of important official papers and documents (F) newspaper clippings; and (G) other sundry notes. Along with the manscripts of a "New English-Korean Dictionary," which SR failed to bring to completion because of the outbreak of the Russo-Japanese War in early 1904, the "MPW" remains a key source for unravelling SR's life in the Hanso??ng Prison and the formation of his early litical thoughts. In this paper the author analyzes and annotates fifteen select literary pieces from the "MPW", including: (1) a list of books, magazines and newspapers which SR read in the Hanso??ng Prison; (2) SR, "A Sleepless Night in Autumn;" (3) SR, "A Proposal to Set Up a School in Prison to the Prison Warden;" (4) SR, "Appendix to the Newly-translated History of the Sino-Japanese War," (5) SR, "Encouragement of Modern Learning;" (6) SR, "A Proposal to Establish a Major Newspaper Company;" (7) SR, "Comments on the Public Commotion over the Streetcar Incident in Seoul;" (8) SR, "Let's Build a [New] State on the Basis of [New Religious] Teachings;" (9) a translation of the Korean text of the 1902 Treaty of the Anglo-Japanese Alliance into English; and (10) a hand-written copy of the Chinese translation of a paper written by U.S. Commissioner of Education John Eaton, entitled "On Education in the United States" (1872). A perusal of SR's "MPW" reveals that the youthful SR indeed was an erudite scholar-journalist who could articulate his reformist views on the Taehan (Great Han) Empire not only in forceful han'gu??l style, but also in elegant classical Chinese prose. SR's writings in English show that he had "mastered" the English language in the Seoul prison, that is, before the began his studies at universities in the United States in 1905. All in all, "MPW" sheds light on SR's life in the Hanso??ng Prison and helps understand his thoughts as a champion of Korean independence and reform at the turn of the 20th century.