헌법상 국민주권의 원리와 그 실현방안으로서의 국민소환제도

Article 1 of the current Constitution reads: "① The Republic of Korea shall be a democratic republic. ② The sovereignty of the Republic of Korea shall reside in the people, and all state authority shall emanate from the people", which declare the national form and national sovereignty. And as a means to implement national sovereignty, it has adopted a representative democracy so that the people can elect the representatives through elections and let the representative exercise a mandate power. Representative democracy, which is the fundamental principle of the current Constitution, is a term that is synonymous with the principle of national sovereignty. Therefore, the representatives should not abuse the authority delegated by the people, but exercise the authority for the benefit of the nation and the people. However, the principle of representative system is being criticized by the fact that the representatives does not properly reflect the will of the people. In order to overcome the crisis faced by the principle of these representative democracy, it is requested to add direct democracy as a complementary measure. What is currently subject to discuss is the Recall System. The Recall System is a system that the people can fire their representatives before their term termination, and is supported in the sense that the sovereign can actually control the representative body. However, the adoption of the recall system raises questions on the introduction of the system in light of the fact that there is no provision in the Constitution. I think that this point can be resolved in the process of discussing the ongoing amendment of the current Constitution. There is also the concern that the introduction of this system may accelerate the political conflicts, but I think that there is institutional merit in that the people can adjust the confrontation through this system. The Recall System can be used as a means to convey the message of political responsibilities to the people, and I think that the people can regain their status as sovereign.