한국헌법재판제도에 대한 헌정사적 이해 및 평가

As many other nations, it is accomplished through the conflict between some political powers to establish and to reform a constitution in Korea. Though the reception of foreign law featured Korea constitution, the choice of a special constitutional institution revealed the political situation at that time in Korea. The constitutional review institutions of Korea also revealed that. I will study how the constitutional review institutions is preserved and what it means in a constitutional history of Korea by investigating the former ones and present one in Korea. For this purpose, i will investigate the progress of the constitutional establishment and reforms in Korea before doing their contents and realities. It allows what kinds of political conflict happen in the constitutional review institutions in Korea and how they are preserved in those situations to be found. I can classify the kinds of political conflict into three types in the constitutional history in Korea. First type is the conflict between the constitutional review organization and the dictatorial ruling organization. Second one is the conflict between the scholars and the judicial officers in the progress of the constitutional establishment and reforms. And third one is the conflict between the people and the ruling party. These types of conflict are respectively led to tree situations when a special constitutional review institution have to be chosen. First type leads to judging whether the constitutional review organization is functional. Second type leads to deciding which organization have the power of constitutional review. Third type leads to observing how far the people can take part in the constitutional review. This research makes it possible to find that the constitutional review have very close relation to the contemporary political conflict. Therefore it can be presupposed that the constitutional reform will be made substantially according to the political conflict at that time.