종교영역에 대한 국가의 개입 가능성과 한계: 중립성의 두 가지 함의를 중심으로

Until now in regard of the relationship between ‘state and church’ or ‘politics and religion’, the word term ‘separation’ (Article 20 Section 2) has been mostly focused on when an interpretation of the Constitution of the Republic of Korean is needed. So the principle of ‘state neutrality’ has not been highly considered in theories and practices both in the Republic of Korea and its understanding has not been developed like other countries including France, Germany, and so on. This paper dealt with the following points. 1. Secularism, the separation of religion and politics, and state neutrality can be sorted into the same problem case of the problem of religion and politics, but the categories of them differ from each other and they are especially related with each other. 2. When the separation of religion and politics are compared with state neutrality, state neutrality has theoretical precedence over the separation of religion and politics. 3. State neutrality is more useful notion for developing legal principles than the separation of religion and politics. 4. Neutrality has two notions; exclusive neutrality and inclusive neutrality. 5. The two notions of neutrality have significance because each notion of neutrality can be applied to different cases. Furthermore, it can reveal the limitation and the possibility of national intervention towards the field of religion. The points mentioned above are basic and fundamental propositions. The following points are the propositions to be additionally ascertained. 6. The neutrality having two notions can carry out both of the explanations; the explanation of right-law side and the explanation of unification-politics side. 7. The notion of neutrality can be developed within the relation between jurisdiction and politics (or constitutionalism and democracy.) In order to examine these assertions, I compared the cases of Germany and France in the way of comparative constitutional study. And I reviewed the cases of the Republic of Korea in the way of law-centered historical approach and case study approach. In regard of the ‘state religious neutrality’ in the Korean constitution, discusses should be intensified. This will be helpful to both of theories and practices. According to this transition, we can establish a new Korean model for the relationship of ‘state and church’ or ‘politics and religion’ within the constitutional limit.