한국에서의 헌법과 민주주의

Abstract

Constitution and Democracy is both an ideal and at the same time a reality,

which a state should attain. Through constitution, that is through rule of law,

a state can realize democracy. Korea also has strived for realization of

democracy through constitution, since the first constitution in modern sense

was promulgated in 1897 at the late phase of Yi dynasty. But as a divided

nation since 1945, the South and North Korea have gone about their own

ways in achieving "democracy". A divided nation must suffer the sacrifice of

full enjoyment of human rights and democratic principles.

This paper focuses on how the South and North Korea have tried to establish

"democratic" governments through their constitutions and in what ways they

have succeeded and failed, and finally on how to achieve the reunification

through constitution. As a South Korean scholar, I have a sincere desire to see

a happy democratic unified society in the Korean Peninsula. So, I have tried

in this academic approach to avoid any possible prejudice and malaise against

North Korean institutions and thoughts.