임시정부기·해방기 헌법문서와 조소앙의 헌법사상

• 영문명: Jo So-ang’s Constitutional Thoughts as revealed in the Constitutional Documents during the Provisional Government and the Immediate Post-liberation Period
• 발행기관: 중앙대학교 법학연구원
• 저자명: 신우철(SHIN, Woo Cheol)
• 간행물 정보: 『법학논문집』法學論文集 第41輯 第1號, 43~68쪽, 전체 26쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2017.04.30

영문 초록

Jo So-ang (1887～1958), as a nationalist who accepted socialism on the basis of traditional neo-confucianism, played a leading role in the development of constitutionalism in Korea. During the Provisional Government (1919～1945), he drafted Imsiheonjang (Provisional Charter) of 1919 and Geongukgangryeong (Principles and Plans for National Reconstruction) of 1941. He was the supposed drafter of Imsiyakheon (Provisional Draft of the Constitution) of 1940, and served as Chairperson of the Constitutional Amendment Drafting Committee which drafted Imsiheonjang (Provisional Charter) of 1944. During the immediate post-liberation period (1945～1948), he was said to have participated in drafting Minjuuiwon’s (Representative Democratic Council’s) Imsiheonbeop (Provisional Constitution) of 1946. One of the most important contributions of Jo So-ang to the development of constitutionalism in Korea, was the first article of Imsiheonjang of 1919, which provided that “Daehanminguk (Republic of Korea) shall be a democratic republic.” In that article, he named the newly-born republic as Daehanminguk and characterized her as a democratic republic. As established in the second article of Imsiheonjang of 1919 that “Daehanminguk shall be governed under the decision of the Provisional Congress”, he maintained that the newly-born republic should be governed in a “consensual” way of democracy. Hnot only the supremacy of the legislative over the executive, but also the government-by-committee system of the executive branch. Jo So-ang’s foremost contribution to the past and current Constitutions of Korea was the provision of social welfare rights. In the constitutional drafts of his own writing, social welfare rights were listed at the top of the bill of rights.

목차

Ⅰ. ‘대한민국헌법’의 통사적(通史的) 인식을 위한 프롤레고메나

Ⅱ. “민주공화제로 함” : 국호 및 국가형태 조항의 단절과 계승

Ⅲ. “결의에 의하여 통치함” : 의회 우위의 2원적 행정부 구조

Ⅳ. “일체 평등임” : 사회경제적 민주주의의 기본권적 형성

Ⅴ. 조소앙 헌법사상이 대한민국 입헌주의 발전에 미친 영향