자유민주주의의 공법적 고찰 = 민주주의 논쟁 중심으로

다국어 초록 (Multilingual Abstract)

Republic of Korea is heated by the dispute of democracy from the history textbooks, used nationwide, for all k-12 levels of grade education. The core of the dispute is the use of the term democracy. So called Progressives argue that we must use the terminology of democracy itself. They explain that the constitution provides only democracy itself. They also explain that the government should not restrict to labeling democracy as liberal and there is no reason as to why the government should. However, the majority of scholars, i.e. political scientists, history professors, and constitution professors, define democracy as liberal democracy. They emphasize that the Korean constitution is based on the liberal democracy even from the first establishment and that the forefathers of the constitution desired for western liberal democracy. Furthermore, some Progressives assert that the constitution contains not only liberal democracy but also social democracy. They attempt to explain that the principle of the social welfare state is linked to social democracy. These tripartite interpretations on the Korean democracy are provoking people and depend on the attitude toward liberal democratic basic order. The first Progressives define this liberal democratic basic order as one element of overall democracy. The second majority stresses that this is the key element of liberal democracy that the Korean constitution is based on liberal democracy literally and naturally. Also, some Progressives analyze that the Korean constitution is composed of a liberal democracy and social democracy and that liberal democracy contains social democracy, with the liberal democracy being more important. The Constitutional Court ruled traditionally that Korea has adopted a liberal democracy. The researcher argues that this attitude towards democracy is the ultimate and the most important. This research intends to find out the real meaning of liberal democratic basic order and liberal democracy. To do so, I gathered various theories and philosophy about democracy from ancient Greece through modern France and the United States to Germany. My conclusion is that liberal democracy is the best interpretation about liberal democratic basic order, and we must devote to developing liberal democracy. Finally, I try to suggest how to develop the Korean liberal democracy and how to realize real liberty and equality in modern Korea. In this confused society we as public law scholars must try to study the truth of the Korean constitution. This is the spirit of this era.