2018년 대통령 발의 헌법개정안에 대한 평가 ― 전문ㆍ총강ㆍ기본권 조항을 중심으로 ―

While the debate on constitutional revision, which was centered on the National Assembly in 2017, has not made any significant progress, the President has come up with a proposal for a constitutional amendment on March 26, 2018. When the times change, it is necessary to create norms that conform to the spirit of the new era. And what is really important in the constitutional debate is to find out the fundamental restriction elements of the Constitution and to secure a system in which the people can live peacefully and happily. The main contents of the Constitutional amendment initiated by the President in 2018 are as follows: 1) Realization of the sovereignty of the people, 2) Strengthening of human rights guarantee, 3) Strengthening of mutual checks and balances, 4) Strengthening local autonomy. In this study, I will focus on the main contents of this amendment, especially the General Provisions and Human Rights. In addition, I’ll compare with the proposal of the Special Committee of the National Assembly. However, I would like to present my experience as a member of the Special Advisory Committee on the People’s Constitution in 2018. The proposal to amend the Constitution in 2018 is in many ways an effort to rectify the problems pointed out. However, in order to correct the problems implied by the Constitution, efforts should be made to try to revise the law separately from the constitutional amendment. It is also necessary to form a high-level political culture of democratization of political parties. If we really want to pursue fundamental reforms of our society through the amendment of the Constitution, we must secure the conditions of law and political reality that can guarantee the normative power of constitutional regulations. Any constitutional provision can not be carried out without the condition that it can function properly.