헌법개정의 필요성과 방향 = The necessity and direction of constitutional amendment

다국어 초록 (Multilingual Abstract)

Through constitutional amendment, we must respond to the social changes our society is facing, contain the changed spirit of the times, and create a normative framework that can establish social integration. To this end, this article discusses the changes in Korean society since 1987, the problems of the power structure due to the concentration of power in the president, the expansion of basic rights reflecting the changes of the times, the strengthening of citizen participation and direct democracy, and the strengthening of local decentralization for sustainable growth of the region. And in terms of the direction of constitutional amendment, the following were suggested in relation to the reorganization of the power structure: introduction of a 4-year presidential term and a runoff election system, reduction of the president's authority, and establishment of checks and balances; and in terms of strengthening the guarantee of basic rights through new rights, the following were suggested: codification of the right to life, the right to personality, and the right to self-determination; establishment of the basic right to information; supplementation of social basic rights such as the right to social security, the right to health, and the right to safety; abolition of regulations restricting the right of soldiers to claim compensation from the state; and changes in the organization of basic rights provisions. Amending the content of the Constitution to fit reality helps strengthen the legal foundation of the country, respects the will of the people by accepting their diverse opinions and demands, and can lead to the development and change of the country by responding to the demands of the times. The process of amending the Constitution can be an opportunity to collect opinions from all over society and derive consensus, and through this, a new social contract can be created that reflects the diverse voices of society.
In order for a successful constitutional amendment to take place, democracy must be secured first through active participation of the people and public discussion led by the National Assembly. If the president proposes a constitutional amendment, it can have the positive effect of activating discussions on constitutional amendment and raising the level of public discussion. However, considering that the evaluation of the president's state administration is an important factor in leading the difference in voters' positions on constitutional amendment, if the president directly proposes a constitutional amendment bill, it is highly likely that a paradoxical situation will unfold in which the discussion on constitutional amendment will become politicized and difficult to realize. Therefore, in order to realize constitutional amendment, it may be more effective for the National Assembly, where political parties and politicians with different political inclinations and interests gather, to prepare and promote a constitutional amendment bill. Regarding constitutional amendment, the main topics discussed in the political world are related to the form of government and power structure. However, from a long-term perspective, constitutional amendment should be accomplished in a large framework by actively discussing not only the power structure but also the general provisions of the constitution and basic rights. However, realistically, if we try to revise sensitive parts such as territorial provisions and economic provisions all at once, the discussion on constitutional amendment will not advance even a single step due to the division of public opinion. Therefore, we should amend gradually the contents that can be agreed upon by the ruling and opposition parties and form a national consensus in order to achieve results.