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A Study on the Justification and Legal Significance of the Provisional Charter of the Republic of Korea

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2020, 8(1), pp.191-215
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : February 7, 2020
  • Accepted : February 25, 2020
  • Published : February 28, 2020

Nam, Je-Hyun 1

1호서대학교

Candidate

ABSTRACT

This paper examines the process of enactment of the Provisional Government Constitution and how it can be called a constitution that reflects the intention of the sovereign citizen. Then, individual article of constitution has been reviewed. The Constitution of the Provisional Government has been amended many times before its independence, but this article analysis the most important of its sources the provisional charter of the Republic of Korea enacted in 1919.4.11. The review was based on the Charter of the first edition of constitution in Republic of Korea. The provisional charter of the Republic of Korea has many shortcomings compared to today’s constitution. Above all, the limitation of the exile government, which cannot take over the land and control the people, makes the big limits of the provisional government of Korea and the provisional charter. However, it is not correct to think that the Provisional Government was simply a resistance movement to restore the land and regain national sovereignty, and that the Provisional Charter was merely a program or organizational law of the resistance. In spite of various limitations such as the provisional government of the Republic of Korea not being internationally approved, the freedom and rights of the people were drawn by drawing the blueprint of a new country to be built after the restoration of the land in the form of a liberal democratic country that escaped the existing monarchy. The Provisional Government should certainly be regarded as the establishment of a new country in that it was realized after the liberation. In the national Constitution, which can be seen as the first exercise of constitutional power in Korea, the provisional government was clearly defined as the establishment of the Republic of Korea. Above all, we should consider the provisional charter of the Republic of Korea important because it declared the democratic republican in Article 1 of the provisional charter to end the independence movement based on Restoration Theory toward monarchism and provide the opportunity for Korea to move towards democracy. Unlike the various political systems that have been on the Korean Peninsula since ancient times, the Korean Provisional Charter, which proudly declared that the people are sovereign and created a new political system that guarantees the rights of the peoples, has made Korea free and prosperous today. It can be said that it is the foundation which we made.

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