비개연적 헌법 개정의 정상화를 위한 방법론 모색

This study scrutinises the mechanism for a constitutional amendment in South Korea in order to explore the methodology for a future constitutional amendment. It recognises modern Korean society's entrenched association with its political system, a structure that emphasises personalised morality. Social systems theory refers to such dynamics as de-differentiation by the political system which supplants the autonomous functioning of social sub-systems. Political activity is strongly coupled with the moral reputation of individuals symbolising political legitimacy. Such strong coupling among society, politics, and individuals enhances societal exposure to even minor risks. Consequently, the paper argues that forthcoming constitutional amendments should aim at deconstructing political centrality and loosening the societal-political and societal-human coupling. Yet, the circular and paradoxical predicament of the constitutional amendment in Korea is evident: the amendment process becomes ensnared in reality it endeavours to alter, rendering reform seemingly impracticable. This paper proposes an innovative solution to navigate this paradox, emphasising the creation of conditions favourable for the normalisation of a contingent constitutional amendment, despite the lack of capacity to control constitutional discourse toward the constitutional amendment. Accordingly, the proposal suggests the development of a structural framework attuned to facilitating unceasing constitutional debates. Specifically, it advocates for the establishment of a standing Committee on Constitutional Amendment within the National Assembly, serving as an institutionalised platform for discourse, maintaining its readiness and leading the constitutional amendment debate in anticipation of future phases of the reform process.