Constitutional Issues in a Multicultural Society: Focusing on the Korean Context

Abstract

This article examines the major constitutional issues raised in a multicultural society in the context of Korea. There is growing interest in the methodology of constitutional interpretation. This is an effort to answer the question of how the meaning of the Constitution could change in accordance with changes in society, while the text of the Constitution remains unchanged. Who we, the people are is also an important issue in a multicultural society as the number of residents of different racial and ethnic origins increases. It is the question of who is entitled to membership in our society that should be determined by the direction and guidance of the Constitution itself. The constitutional rights related to marriage and family are treated as more important issues, especially in a multicultural society in which new forms of union that are different from the traditional concept of marriage or family are emerging. It is inevitable that the meaning of marriage and family in the Constitution should be revisited, as people who engage in these newly emerged unions request constitutional protection. Religious freedom is one of the most significant issues in a multicultural society in which diverse religions coexist. It is likely that religious minorities are not recognized substantially, while the religious majority of society is fully protected, and there could be more religious objections and conflicts of religious freedoms.