대한민국 헌법 농지개혁조항 입법화 과정과 귀결 - 1945～1948년 헌법문서들의 토지개혁 관련 조항 검토 -

This essay examines the course and its background of the provisons of the land reform in the constitution of national foundation. To put it concretely, this article explains whether the constitutional documents by public officers of South Korea after the liberation from Japanese colony include the legislation of the land reform clause and what its contents are and how it take form. Also it analyses controversy over the law itself and its legislation of the Constitutional Assembly. The land reform was executed by land-reform-law. It was very important thing because it dealt with restricting private property rights. The reform was possible because the constitution provided the clause of the land reform. The reform bill became radical political issue that determined economic democracy of the new regime. If the constitution of National foundation had not included the clause of the land reform, the project might have come to a deadlock or, in the worst case, been impossible. For a close examination to it, it will be necessary that the legislation of the land reform as The Article 86 in the constitution of National foundation is treated with the consideration of people's demand for land reform and simultaneously with the land reform of North Korea. The constitution is the supreme law. It is the law that determine the foundation of rule. So when it has become an act, it cannot be arbitrary to any authority. While it is framed by political process, it regulates political system. So the Article 86 in the constitution of National foundation is such a significant reform that it demolished tenants which had been sustained for hundreds of years and founded legal ground for executing the land reform project.