1948년헌법 영토조항의 도입과 헌정사적 의미

This is a literature-based empirical study of the background to the preparation, the preparation process, and the constitutional significance of territory provisions in the 1948 Constitution. There was an attempt to conduct an empirical study of the background to the preparation of territory provisions through the establishment of territory provisions, modification to the contents of territory provisions, and a systematic analysis of format, etc. that are shown in constitution-related documents made by the U.S. Military Government through the enactment of the Constitution in 1948. The territory provisions in the Constitution prepared during the U.S. Military Government can be classified into three stipulations: the scope of effectiveness is limited to below the 38th parallel, local governments are enumerated as a unit of composing a state, and no territory provision is provided. Even though thirteen administrative districts were enumerated in Yu Jin-o's draft in the process of the establishment of a constitution, the districts were provided in the draft of a constitution prepared by the Constitution Drafting Committee – 'Korean Peninsula and its annexed islands' – as in the present constitution. It is understood that such change in words can be attributed to the acceptance of the Korean Peninsula as an ordinary term, while it is recognized as a unique territory at the same time. The succession of the legal tradition of the Provisional Government of the Republic of Korea and the territory provisions stated in the Constitution can be regarded as the Republic of Korea's succession of the Korean Empire and Shanghai Provisional Government territories. This allows the Republic of Korea to acknowledge its continuity with the provisional government in terms of territory.