제5공화국 헌법의 성립 및 헌법발전

The constitution of the Fifth Republic tried to make the people regard it as legitimate through the ideas of the single-term system for the presidency (seven-year term) and the establishment of just society and moral politics. However, the 1980 constitution that made the fifth Republic born was established by one-sided political power even without free discussion about the constitution among the people under martial law according to what the leading power of the military coup pursued and failed to fully accept the desire for democratization, including a direct presidential election system people wanted, following president Park Chung-Hee’s death in 1979 that led to the fall of the Yushin administration of the Fourth Republic. In constitutional theory, it is desirable to allow Verfassungsnorm to accept the changes in Verfassungswirklichkeit through proper constitutional interpretation, if possible, when Verfassungswirklichkeit deviates from Verfassungsnorm or when they are detached from each other. When it is impossible to contain Verfassungswirklichkeit in Verfassungsnorm through proper constitutional interpretation, however, it is unavoidable to make Verfassungsänderung. However, in the history of the constitutional revision for the Republic of Korea, most of the constitutional revisions didn’t aim to secure the fundamental rights of the people, were made by one-sided political authority, not by the people’s participation, and had a principal purpose of extending the ruler’s term, with the details of revision mainly focused on the power structure.