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Authoritarianism of 'laws and principles'

  • Civil Society and NGO
  • 2023, 21(1), pp.223~262
  • Publisher : The Third Sector Institute
  • Research Area : Social Science > Social Science in general > Other Social Science in general
  • Received : April 5, 2023
  • Accepted : May 21, 2023
  • Published : June 12, 2023

Seo, Chang-Hoon 1

1동국대학교

Accredited

ABSTRACT

Despite the Yoon Suk-yeol administration's emphasis on "laws and principles", South Korea's democracy index is declining. To understand South Korea's political reality, where the complementary relationship between democracy and the rule of law is at odds, we must first ask whether the adherence to "law and principle" fully embodies the original spirit of the rule of law, and second, whether the legalistic application of law and principle does not stifle democracy and colonize the political culture of civil society. In order to determine whether the expression of "laws and principles" is a rhetoric of authoritarian instrumental "rule by law" or a will to implement democracy, I examined the illocutionary acts of the speaker and the perlocutionary acts of the people in response to this expression. I found that the Yoon administration's "laws and principles" is an instrumental, formal, and authoritarian rule by law that justifies and enforces policy decisions and policy implementation.

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