헌법개혁과 한국사회: 민주헌정주의/반(半)대통령제 헌법개혁의 구상과 제안

Even after the democratic consolidation, social conflict is really high and recurrent in South Korea. It is the highest level in the OECD countries. The indicators of human existence here, including suicidal ratio, birth ratio, inequality and industrial accident victim are worst-like in the OECD. A reason of this extraordinary situation comes from the huge break between social conflict and institutional arrangements. It is very lowly institutionalized. Especially the constitutional configuration including government form, type of separation of power, scale of parliament, and the electoral process for government instituting is most decisive. The presidential power is absolutely strong and overriding just like a super-presidentialism. But only one third of the electorate has voted for the every elected president after the democratic opening in 1987 until now. At least two thirds of them have always not voted for him, therefore placed outside the government support. This is utterly contradictory: support of only one-third-people, but wielding of the imperial super-presidential power. In case of the election of national assembly also shows the extreme discrepancy between the numbers popular votes and the numbers of national assemblymen. It is not proportional at all. Moreover half of the voters are dead right after the election. It means that at least 50% of the voters locate outside the representative system. It is very shocking and appalling. Needless to say, the scale of national assembly is too small comparing with the other OECD countries. Also it only has the power of negative politics, not positive politics. Then, here I’d like to suggest the very fundamental constitutional reform for conflict reduction through institution, as of semi-presidential system based on the separation of power with four branches - legislative, executive, judicial and supervisory branch. It is a sort of mixed polity with the principle of democratic constitutionalism or democratic rule of law. Among the legislative, executive and supervisory branches, there would be an overlapping-interlocking system for dual governance and legitimacy. It is very new and important for semi-presidential democratic constitutionalism. Reduction of presidential power, and enlargement of parliamentary authority and scale are vital and crucial for semi-presidential type of democracy. Also turnout of voters must increase sharply with the proportional representation. Lottery system and mutual election are the new system of administrative recruitment with appointment for the principle of check and balance.