국민참여의 요구에 비추어 본 헌법개정절차의 검토

In this paper, the internal meaning of constitutional amendment, the experience and problems of anti-democratic constitutional amendment, and the contents and problems of constitutional amendment procedures from the perspective of the people's participation in the revision of the Constitution, thus confirming the role and reality of the people who are sovereigns in constitutional amendment. On the premise that the 10th amendment of the Constitution in the future should be a revision of the people's participation, we examined the meaning and purpose of the amendment of the people's participation in the Constitution. It also discussed ways to strengthen public participation in the current constitutional revision process. Here, we explored ways to strengthen public participation without revising the Constitution, and reviewed the proposed constitutional amendment system by the people in a way that is possible only through revising the Constitution. Finally, we examined the unconstitutionality of the relevant clauses in that the current “National Voting Act” makes it impossible to amend the people's participation. The Constitutional Court pointed out the need for a revision of the law on the issue of ‘voting for foreign nationals’ that had been pointed out as unconstitutional It was also seen as a direct violation of the purpose of the people's participatory constitutional amendment, as the legal system's attitude, which bans “people's voting campaigns” in principle and allows exceptions, is more restrictive than that of campaigns. It also saw that limiting the eligibility of the referendum to those who qualify as party members would have no logical reason or content validity. Through these system improvements, the amendment was emphasized in advance in preparation for the 10th amendment to the Constitution.