한국 사회의 법과 인권, 민주주의: 이명박 정부 5년에 대한 평가 ; 기조발제: 이명박 정부 5년의 법, 인권, 민주주의 = Law, Human Rights and Democracy during Five Years under Lee Myung-bak Administration

다국어 초록 (Multilingual Abstract)

This article aims at evaluating law, human rights and democracy during the five years under Lee Myung-bak Administration. For this purpose, I performed the following tasks: First, I analyzed the law in three dimensions: law as a mechanism to control the state power; law as an instrument for ruling; and law as a weapon of the people to resist the ruling class. Secondly, in the realm of human rights, I traced how human rights in various fields had been frustrated based on the proposals of the major human rights NGOs. Thirdly, I verified the principle of democracy had been throughly destroyed both in procedural and substantive aspects. In conclusion, to restore the rule of law, to protect and promote human rights and to reestablish the democracy, I proposed a necessity of redesigning the constitution and emphasized the importance of recovering the constitutional initiative of the sovereign people.