민주주의와 법치주의 ; 민주화 이후 한국정치에서 자유민주주의와 법치주의의 충돌 = The Relationship between Democracy and the Rule of Law ; The Clash of Liberal Democracy and the Rule of Law in Korean Politics after Democratization

다국어 초록 (Multilingual Abstract)

The purpose of this essay is to examine the clash of liberal democracy and the rule of law in the context of Korean politics after democratization. The essay consists of three parts. First of all, the author made the argument that the distinction between liberal democracy and social democracy is not of much relevance, as both have converged in terms of their ideology and policy-orientation in Western and non-Western democracies, although both have different historical origins. In order to confirm such convergence in Korea as well, he briefly reviewed clauses related to the basic economic order in the Korean Constitution. Then, although he agrees to the general interpretation that the liberal democratic order and the democratic order both of which appear in the Constitution are almost the same in their meanings, he attempted to show that the former has strong anti-communist element than the latter and that this legacy still remains strong, considering the origin of their insertion into the Constitution and the current legal and political practices. Second, the author examined whether the two consitutional cases related to President Roh Moo Hyun`s impeachment and moving the administrative capital from Seoul to Gongju area can be considered the clash of democracy and the rule of law and, then, came to the conclusion that these cases should not be considered the serious example of such clash. Finally, he suggested the argument that an impending clash of democracy and the rule of law is more likely to appear in the form of the clash between democracy and (neo-) liberalism.