계엄정국에서의 공법학자의 대응 - 목촌김도창의 「계엄론」을 참고로 -

A public law scholar always meets with discrepancies between realities and norms and suffers to search for a solution of those discrepancies, since the normative science shall deal with the norms as what should be the ideal realities. In estimating a scholar’s achievements, we should consider carefully his/her limited time and situation to solve the cracks between the norms and the naked realities. What we should consider the most would be that the actions and the decisions he/she made at that time. We should ask those were the best and for the public goods with agony not for the private interests. As a public law scholar, Mok-chon Doh Chang Kim, although once yielded for a moment to the political power’s carrot-and-stick policy to accept the public position, had stood on his ground and remained faithful to the principles of the public law in the end. He made much efforts to make political power submit to the rule of law by the theories he developed and also by the practices he participated in. Born in the early 20th century during the colonial period of Korea, he had experienced the antagonistic relationships of the left and the right under the U. S. military government, and had hard time to meet the matters of existence, life or death during the Korean war in which North and South confronted severely. In spite of all the experiences, he stood firm as a public law scholar and professor and left the great footprint for the constitutionalism and the legalism of Korea.