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College of Law/Law School (법과대학/대학원)
The Law Research Institute (법학연구소)
법학
법학 Volume 45, Number 1/4 (2004)
1948년 국회의 법적 성격에 관한 연구 : The Character of 1948 National Assembly in Korean Constitutional History
- Authors
- Issue Date
- 2004
- Publisher
- 서울대학교 법학연구소
- Citation
- 법학, Vol.45 No.2, pp. 156-206
- Keywords
- 식민지지배에서 독립 ; 헌법을 제정 ; United States Army Military Government in Korea: USAMGIK ; 미군정시대의 국가와 행정
- Abstract
- This article aims at reviewing the character of the 1948 National Assembly
which made the first Korean Constitution. After the liberation from Japanese
colonial ruling, US Military Government began to rule South Korea on
September 11, 1945. During the US Military Government period, South Korea
tried to build a new sovereign nation. As the first step, the National Assembly,
which should make a constitution to build a nation, was composed of members
elected by universal, equal, direct ballot. This election was carried out on May
10, 1948.
The National Assembly began to work for making a constitution. It elected 30
members for drafting a constitution on June 1, 1948. The members of the
National Assembly deliberated and debated on the Draft from June 23. They
passed a vote of the Draft on July 12. The president of National Assembly
promulgated the first Constitution on July 17. The article 102 of this
Constitution prescribed that the National Assembly should be converted to a
legislative body.
It was usually said that the 1948 National Assembly had double characters as
a constituent assembly and a legislative body during its all period. However, my
opinion is this like understanding is not correct. In this article, I make the new
suggestion that the 1948 National Assembly had the character of a constituent
assembly from May 31 to July 17 and the character of a legislative body after
July 17, 1948. I made a comparison between Korea and US in a
constitution-making to clear up this point.
- ISSN
- 1598-222X
- Language
- Korean
- Files in This Item:
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