애스크로AIPublic Preview
← 학술논문 검색
학술논문법과사회2008.06 발행KCI 피인용 6

임시헌장(1944.4.22) 연구 -독립운동, 권력투쟁 그리고 '헌법'

The Provisional Charter(Ymsiheonjang) of 1944 -Independence Movement, Power Struggle and the 'Constitution'

신우철(중앙대학교)

34호, 323~372쪽

초록

The Provisional Charter(Ymsiheonjang) of 1944 differs from the other constitutional documents of the Provisional Government in two respects. First, there are a large number of historical records about the debates over the constitutional revision since autumn 1942. Second, it was the result of compromise between the right(Korean Independence Party), the left(Chosun National Revolutionary Party), and the middle(Chosun National Liberation League and Chosun Anarchist League). In this article, I trace the hard process of the political compromise, from the Provisional Congress to the Constitutional Drafting Committee. Here, the related constitutional drafts and the final document will also be examined article by article. The conclusions of the article are as follows: 1. Although the political compromise was deceptive, it was the first constitutional compromise between right and left in Korean history. 2. Therefore, it had a strong influence on the constitutional drafts during the Liberation Period(1945~1948). 3. Especially, it left clear marks on the texts of the preamble and the social rights clauses of the Korean Constitution(1948). In short, the Provisional Charter of 1944 was a “constitutional bridge” connecting the constitutional experiences during the Provisional Government to the constitutional experiments during the Liberation Period.

Abstract

The Provisional Charter(Ymsiheonjang) of 1944 differs from the other constitutional documents of the Provisional Government in two respects. First, there are a large number of historical records about the debates over the constitutional revision since autumn 1942. Second, it was the result of compromise between the right(Korean Independence Party), the left(Chosun National Revolutionary Party), and the middle(Chosun National Liberation League and Chosun Anarchist League). In this article, I trace the hard process of the political compromise, from the Provisional Congress to the Constitutional Drafting Committee. Here, the related constitutional drafts and the final document will also be examined article by article. The conclusions of the article are as follows: 1. Although the political compromise was deceptive, it was the first constitutional compromise between right and left in Korean history. 2. Therefore, it had a strong influence on the constitutional drafts during the Liberation Period(1945~1948). 3. Especially, it left clear marks on the texts of the preamble and the social rights clauses of the Korean Constitution(1948). In short, the Provisional Charter of 1944 was a “constitutional bridge” connecting the constitutional experiences during the Provisional Government to the constitutional experiments during the Liberation Period.

발행기관:
법과사회이론학회
분류:
법학

AI 법률 상담

이 논문의 주제에 대해 더 알고 싶으신가요?

460만+ 법률 자료에서 관련 판례·법령·해석례를 찾아 답변합니다

AI 상담 시작
임시헌장(1944.4.22) 연구 -독립운동, 권력투쟁 그리고 '헌법' | 법과사회 2008 | AskLaw | 애스크로 AI