헌법의 '정교분리원칙'의 의미

According to the article 20 of the Korean Constitution, “(1) All citizens shall enjoy freedom of religion. (2) No state religion shall be recognized, and religion and state shall be separated.” These clauses are central to the protection of religious beliefs and to the maintenance of civil peace in a religiously diverse culture. The meaning of ‘separation of state and religion’, however, has not been fully scrutinized up to now. During the Middle Ages in Europe, the Christian religion gave state authorities and state was the protector of the Christian faith. This excessive entanglement of state and religion has caused the civil war in the West. For the peaceful co-existence of states, western countries have developed the doctrine of ‘separation between state and religion’ and the state has been secularized. However, given the many ways in which state may interact with religious institutions, the complete separation of state and religion would be impossible. Therefore, the separation clause should be interpreted as the guarantee of the neutrality of state in the sense of state’s fair treatment of all religious institutions and non-believers. On the other hand, all religious practices have its limitations in the constitutional state and the political engagement of religious institutions should be restrained for the peaceful co-existence of diverse religions. To draw the reliable line between state and religion would be one of the most pressing tasks for the korean society. I hope this article could contribute to a better understanding of the relation between state and religion in Korea.