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The constitution of the Republic of Korea (ROK) promulgated on July 17, 1948 is one of the most "progressive" constitutions adopted by a newly emerging nation in the wake of the World War Ⅱ. It features an American-style presidential system, unicameral legislature, land reform, and the nationalization of major industries. In addition, the new constitution sets forth a host of other democratic provisions, including the guarantee of basic human rights. The scholars dealing with the history of the ROK constitution almost unanimously characterize this historic document as a brain-child of Professor Yu Chin-o (Yu Jino, 1906-1987), a leading constitutional scholar in the post-liberation Korea. Professor Yu worked on the draft of the ROK constitution as one of the "professional consultants" in the Committee to draft the Constitution (CDC) of the Constituent National Assembly (CNA) from early June to mid-July 1948. This paper challenges this conventional view and argues that Dr. Syngman Rhee 0875-1960), the Chairman (or Speaker) of the CNA, deserves a major credit for the making of the ROK constitution.
Syngman Rhee made key contributions to the formulation of the ROK constitution in the following manner: First of all, he successfully persuaded the members of the CDC and the CNA to adopt an American-style presidential system and unicameral legislature, amending Yu's draft, which featured a British-style cabinet system and bicameral legislature; Secondly, Rhee was the one who fostered the socialistic provisions of land reform and nationalization of major industries. Back in 1946 Rhee, as head of the Representative Democratic Council of South Korea, had made those socialist provisions as part of the Council's 27-point "National Program." It is almost certain that Yu borrowed part of Rhee's 27-point program-land reform and nationalization of major industries-in writing his draft constitution; Thirdly, Rhee modified Yu's "Preamble" of the constitution by adding a critical passage highlighting the point that the ROK stood in the tradition of the Korean Provisional Government(s), (KPG); Fourthly, Rhee was able to persuade the CNA to adopt "Daehan minguk (The Republic of Korea)" as the official name of the new-born republic-a name which he and his colleagues had been using in referring to the KPG during 1919-1948.
In sum, Rhee played the decisive role in shaping the ROK constitution to suit his own vision of the new Korean republic. He could prevail upon the members of the CNA partly because he, as a charismatic leader, enjoyed an unrivalled prestige among the fellow Assemblymen. Before, during and after his presidency of the KPG in Shanghai, China, from 1919 to 1925, he had studied the constitutions of the United States and European countries. One could say that by 1948 Rhee was well versed in the art of constitution-making.
This all amounts to saying that the ROK constitution of 1948 embodied the political visions of Chairman Syngman Rhee, who was destined to rule South Korea for twelve years as its first President after personally promulgating the constitution.
Syngman Rhee made key contributions to the formulation of the ROK constitution in the following manner: First of all, he successfully persuaded the members of the CDC and the CNA to adopt an American-style presidential system and unicameral legislature, amending Yu's draft, which featured a British-style cabinet system and bicameral legislature; Secondly, Rhee was the one who fostered the socialistic provisions of land reform and nationalization of major industries. Back in 1946 Rhee, as head of the Representative Democratic Council of South Korea, had made those socialist provisions as part of the Council's 27-point "National Program." It is almost certain that Yu borrowed part of Rhee's 27-point program-land reform and nationalization of major industries-in writing his draft constitution; Thirdly, Rhee modified Yu's "Preamble" of the constitution by adding a critical passage highlighting the point that the ROK stood in the tradition of the Korean Provisional Government(s), (KPG); Fourthly, Rhee was able to persuade the CNA to adopt "Daehan minguk (The Republic of Korea)" as the official name of the new-born republic-a name which he and his colleagues had been using in referring to the KPG during 1919-1948.
In sum, Rhee played the decisive role in shaping the ROK constitution to suit his own vision of the new Korean republic. He could prevail upon the members of the CNA partly because he, as a charismatic leader, enjoyed an unrivalled prestige among the fellow Assemblymen. Before, during and after his presidency of the KPG in Shanghai, China, from 1919 to 1925, he had studied the constitutions of the United States and European countries. One could say that by 1948 Rhee was well versed in the art of constitution-making.
This all amounts to saying that the ROK constitution of 1948 embodied the political visions of Chairman Syngman Rhee, who was destined to rule South Korea for twelve years as its first President after personally promulgating the constitution.
목차
Ⅰ. 머리말
Ⅱ. 해방 전 이승만의 헌법 제정 시도
Ⅲ. 해방 후 이승만의 헌법 제정 준비
Ⅳ. 헌법 제정 당시 이승만 의장의 역할
Ⅴ. 맺음말
〈Abstract〉
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