"法의 支配" 원리가 韓國 憲法과 日本 憲法에 미친 영향 = The influence of "the rule of law" in the constitutional law of Korea and Japan

다국어 초록 (Multilingual Abstract)

Since World War Ⅱ, Korea and Japan have been influenced by Euro-Germanic Law but some parts the two countries were influenced by 'the rule of law' of British & American Law. Therefore, this influence will be compared in this essay.
There are three important principles in 'the rule of law' of Diecy.
The first is, the supremacy of the regular law; the second, the equality before the law; and the third, the general rules of the constitution is the result of the ordinary law.
The supremacy of the regular law is related to §27,2, §75, § 107Ⅱ, §37Ⅱ in Korean Constitutional Law; the equality before the law is related to §11, § 101, 1, §107Ⅱ in Korean Constitutional Law; the quote, "the general rules of the constitution are the result of the ordinary law" is the difference between the deduction and the induction in the construction of the constitutional law and the case law.
The principle of 'the rule of law' means the liberty from the State, too.
'The rule of law' also effects the judical review of Korea and Japan.
In Korean Constitutional Law, §107,Ⅰ, §111, Ⅰ, 1, §113, Ⅰ is related to this 'rule of law'. In Japanese Constitutional Law, §81, §98 Is related to it.
The provisions of 'due process' and 'equality' are included in 'the rule of law'. This concept can be expanded upon to explain the modern construction of social welfare and is related to §12, 1, 2, §13, Ⅰ of Korean Constitutional Law and §31 of Japanese Constructional Law.
Therefore, it can be said that Korea and Japan have been influenced by 'the rule of law' of British & American Law.