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학술논문법과사회2007.06 발행KCI 피인용 22

대한민국임시정부 헌법과 1948년헌법

The Constitution of the Provisional Government of the Republic of Korea and the Constitution of 1948

정상우(한국법제연구원)

32호, 185~225쪽

초록

After the liberation, there was a domestic demand for the united front between nationalism and socialism, so there was also a room for Korean provisional government to widen its scope of activity. But the Moscow Agreement divided the political power into right wing and left wing according to their standpoint for the trusteeship. In early 1946, Rhee Syngman and Kim Koo organized the Emergent National Congress and apponited 28 Supreme political Committeemen(‘The Korean Representative Democratic Council of South Korea’). And a temporary constitution made by KRDCSK reflected the Constitution of the Provisional Government of the Republic of Korea. When the SKILA was formed, the right party’s Interim Constitution of South Korea(what is called ‘Saw Sang-Il's bill) and the Center Group’s Draft by the constitutional Committee(what is called Kim Boong-Joon's bill) competed with each other but they unified and concretized in ‘Temporary Constitution of Korea'(朝鮮臨時約憲). But as US-USSR Joint Commission was broken off, the issue of Korean problem was transferred to UN and passed the UN Security Council. And South Korea held a general election with Hankook Democratic Party and Dr. Rhee’s force. And the national assembly established the Korean Constitution. But The Constitution of the Provisional Government of the Republic of Korea could not exercise its influence directly over the Constitution of 1948 because many of the Center Group did not take part in general election in 10 May.

Abstract

After the liberation, there was a domestic demand for the united front between nationalism and socialism, so there was also a room for Korean provisional government to widen its scope of activity. But the Moscow Agreement divided the political power into right wing and left wing according to their standpoint for the trusteeship. In early 1946, Rhee Syngman and Kim Koo organized the Emergent National Congress and apponited 28 Supreme political Committeemen(‘The Korean Representative Democratic Council of South Korea’). And a temporary constitution made by KRDCSK reflected the Constitution of the Provisional Government of the Republic of Korea. When the SKILA was formed, the right party’s Interim Constitution of South Korea(what is called ‘Saw Sang-Il's bill) and the Center Group’s Draft by the constitutional Committee(what is called Kim Boong-Joon's bill) competed with each other but they unified and concretized in ‘Temporary Constitution of Korea'(朝鮮臨時約憲). But as US-USSR Joint Commission was broken off, the issue of Korean problem was transferred to UN and passed the UN Security Council. And South Korea held a general election with Hankook Democratic Party and Dr. Rhee’s force. And the national assembly established the Korean Constitution. But The Constitution of the Provisional Government of the Republic of Korea could not exercise its influence directly over the Constitution of 1948 because many of the Center Group did not take part in general election in 10 May.

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