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A study on the Article 1 of the Constitution of the United Korea

  • DONG-A LAW REVIEW
  • 2015, (66), pp.341-364
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

Song, In-Ho 1 Choi, Kwi-Il 2

1한동대학교
2법무법인 동서양재

Accredited

ABSTRACT

Article 1 of the Constitution symbolically represents the core values that the public agrees with and the national goals and identity. Additionally, it is very important that Article 1 of the Constitution has the effect of political education for the nation and the people. Thus, in designing the basis for the new unified Korea, and the direction of the country, what values Article 1 of the Constitution will include is very important. Many countries including South Korea, have declared the national form and sovereignty, ie ‘Democratic Republic and the sovereignty of the people’ as the national values in Article 1 of the Constitution. However, many other countries do not include the national personality and instead, ‘provisions relating to human rights such as human dignity’ or some countries have included both, and some others also include the provisions of human rights in Article 2 of the Constitution. Yet in the view of North Korean citizens who have been subject to serious human rights violations for several decades, the security of true human rights from the unified country will not be sufficient by inclusion in Article 1 of the Constitution under ‘Democratic Republic and the sovereignty of the people’, and rather, there is a need to emphasize the ‘human dignity value’. Therefore, to further deepen the democratic development to all citizens of the North and South, and in order to declare the significant values of the unified Korea inside and outside, it is necessary that Article 1 of the Constitution of the unified Korea should include the ‘Democratic Republic and the sovereignty of the people’ philosophy together with ‘Respect for human dignity and worth’ to clearly clarify the establishment of the country and national purpose. By doing so, this will contribute largely to the aspect of ‘Unification of value’ for citizens of the North and South after unification. In summary, Paragraph 1 of Article 1 of the Unification Constitution should regulate that “The Republic of Korea is the Democratic Republic with human dignity and value as the State’s foundation and purpose”, and of the current Constitution, Article 10 of the Constitution should be regulated in Article 1, Paragraph 3 of the Constitution.

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