통일헌법의 딜레마와 제헌과정으로서 통일

The article addresses the problems of the so-called unification constitution discussions and suggests a way to get around them. Most of the discussions so far have been dealt with in functional or pragmatic ways, assuming German absorption. But it only regenerates divided nationalism such as the competition for legitimacy between the two Koreas. Therefore, for the unification constitution to be discussed properly, it is necessary to first change the perception based on the view of "unification as a process." As a process, unification introduces a 'unification-making' view of the two countries through mutual recognition. Therefore, the unification constitution has no choice but to switch to the process of establishing a unified nation's constitution. But this is why the Constitution is based on the special situation of division and the two countries of the South and the North, but it has a dilemma that they must overcome. But this becomes a dilemma because it is hasty to resolve the contradiction. Rather, this contradiction could be a quasi-base that produces practical acts of unification-making. In this regard, the article proposes "proposal" as a practical process to create the ideology and sovereignty of a unified nation that has not yet arrived in view of the dismantlement of the system and the construction of the country. In addition, as a constitutional process, unification is the process of forming new sovereignty of a unified nation, and the process of unification constitution is for the people of the two Koreas to become the sovereign of the unified nation by making the Constitution from below.