87년 헌법의 헌정사적 의미와 과제

This article analyses the meaning and limitations of the 1987 constitutional regime, which has achieved some kind of “the procedural democracy” but left the Korean people so many tasks to get through the limits of formal democracy. The 1987 constitutional regime, in which the ruling and governing system has been established according to the Constitution of 1987, and made it possible for citizens to actively participate in politics, embodies the spirit of the June Democratic Uprising to a large extent. However, it failed to bring the people’s demands of the June Uprising to the level of sovereign resolution and only resulted in hasty political compromises between the liberal political faction and the new military power, pushing citizens, who should have been positioned as sovereigns, outside the political system. Not only the people such as workers and peasants, but even middle-class citizens did not have the constitutional devices to represent and represent them in the system. This article attempts to sort out this double-sidedness of the 1987 Constitutional regime. First, it examines the constitutional meaning of the June Democratic Uprising in 1987 (Section 2), and analyze how and in what form those demands were incorporated into the 1987 Constitution (System) (Section 3). Then, focusing on the shortcomings of the 1987 constitutional regime that could not even control the reality of the imperial presidential regime of the past era, it points out the limitations of the constitutional reality, which had been leaned toward judicial constitutionalism, and explored ways to improve the people so that they could be reconstituted as actual constitutional subjects. (Chapter 4)