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The constitutional significance and honoring of the Buma Uprising

  • Korea and Global Affairs
  • Abbr : KGA
  • 2021, 5(6), pp.197-238
  • DOI : 10.22718/kga.2021.5.6.008
  • Publisher : Korea Institute of Politics and Society
  • Research Area : Interdisciplinary Studies > Interdisciplinary Research
  • Received : November 14, 2021
  • Accepted : November 27, 2021
  • Published : December 29, 2021

Lee, Jang Hee 1

1창원대학교

Accredited

ABSTRACT

This article evaluates the historical and constitutional significance of the Buma uprising from the standpoint that the Buma Democratic Uprising should be understood closely in relation to Kim Jae-gyu's October 26 uprising, and examines appropriate ways to honor the Buma uprising. Looking back on the history of the 1979 Buma Uprising, it was the beginning of the collapse of the Yushin regime, which was completed with the October 26 uprising. Given that there would have been no October 26 without the Buma uprising, and that the historical achievements of the Buma uprising would not have been recognized without the October 26, it is reasonable to combine the Buma uprising and the October 26 uprising into one ‘national resistance.’ Therefore, it can be evaluated that the Buma uprising and the October 26 uprising were the ‘democratic revolution’ as an exercise of resistance to the restoration of ‘liberal democracy’, and that it was the practice of ‘the mission of democratic reform of our country’ stipulated in the Preamble to the Constitution. Therefore, in the constitutional sense, the Buma Democratic Uprising should be defined as the democratic revolution’, that is, the ‘Buma Democratic Revolution’, which succeeded in overthrowing the Yushin dictatorship and restoring liberal democracy. In that sense, it is welcome to designate the Buma Democratic Uprising as a ‘national memorial day’ in 2020, but rather than just commemorating the protests in Busan and Masan, it is desirable to commemorate the ‘Buma Democratic Revolution’. The reason why we commemorate and honor democratic uprising is not only that it played an important role in the history of democratization, but also to make it an important historical example and lesson for people to continue to develop democracy. Therefore, honoring the democratic uprising is not just for the purpose of ‘compensating’ or ‘comforting’ the victim, but to allow future generations to ‘remember’ and ‘sympathize’ the event from a long historical perspective. Honoring people of national merit can be said to be an important constitutional task for the state. In addition, as ‘constitutional principles’ on honoring as a constitutional task, the principle of democracy, legalism of honoring, the principle of proportional honoring, and the principle of practical courtesy were presented. Although the legislator has the legislative discretion to determine the specific details of the ‘right to receive compensation’ as a way of courtesy, the legislator should make a courtesy law for the Buma Democratic Uprising in consideration of these constitutional honoring principles.

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