남한과 북한의 헌법제정과 국가정체성 연구 = 국가 및 헌법 특성의 비교적 관계적 해석

다국어 초록 (Multilingual Abstract)

Based on the primary sources, the making process and the codes of the two Koreas’ national founding constitutions showed us many striking features and identities of the two modern states. First of all, the process revealed a sort of interface dynamics of the two countries. It looked like a conjoined twin or two sides of one coin. The respective leadership was fully aware of the other half’s movements, preparations, and contents of the constitution, and then responded as it should be.
Second constitutional feature was a uni-centrality, stateness/statehood, or exclusiveness. The two divided governments were not lack of any requisites of modern state --territory, people, and sovereignty. But they did not recognize mutual stateness at all and argued the exclusive legitimacy respectively, by stigmatizing the other divided half as a puppet.
Third, in order to reunify the whole peninsula, the two Koreas accepted simultaneously themselves as interim state. This kind of self-denial, an offspring of fundamental nationalism, or conflict between ethnic nationalism and constitutional patriotism was very schizophrenic.
Fourth, viewing from an international perspective, and, as a child of global cold war, the two divided countries had a cold war camp identity within. The collective consciousness of a part of socialist- or capitalist-bloc was very strong and wide. But U.S. intervention and influence in the process of constitution and identity building was much smaller than the Soviet one.
Finally, the two Koreas traced back a very different constitutional origin in history.: South Korea from the Korean Provisional Government(KPG) vs. North Korea from Kim Il-Sung’s Anti-Japanese struggle and socio-economic transformation after liberation. In the basic principles of economic system, the two Korea’s early constitutions were very similar, as of mixed economy. But, in the realm of politics, they were different. The South, with having oppositions and competition, was more democratic than the North.