갈등의 치유, 대립의 통합 과정에서 헌법의 기능 = A Function of Constitutional Law in Resolving Conflicts and Confrontations Into Integration

다국어 초록 (Multilingual Abstract)

This paper is aimed at illuminating in detail the position our constitution has taken with regard to resolution and integration as well as conflicts and confrontations and institutional processes by which the latter can lead to the former. For this purpose, we inquire comprehensively into the establishment of modern states and the meaning of constitution in terms of a theory of social contract, investigating the reason why such modern states were developed into constitutional democratic states, the way in which the constitution perceived conflicts, confrontations and integration and what role it took in such matters (II). And then, we examine how the basic principle of constitution is related to conflicts and integration (III), basic rights (IV) and the component and operation of state agencies (V). The above discussions are brought into the final chapter as a summary (VI). The modern state, overcoming the problems of the middle ages, came into existence by means of social contract, with the constitution as a charted document. Just like the modern state, the constitution recognized social conflicts and confrontations, took strategic approaches to compromising rather than completely resolving them. As a result, the constitution could be placed by itself into a position to play a role of suggesting the framework of integration in the course of conflicts and confrontations Our constitution comes to be structured by adopting such basic strategies and tactics. This paper deals concretely with such aspects. The constitution is a giant blast furnace where social conflicts and oppositions are melted into social integration. Although the constitution provides the framework for the integration from beyond conflicts and oppositions, it is not the constitution but the people and state agencies that exert authority given by such framework, resolving conflicts into integration toward a happy society.