민주주의의 사실적 전제조건으로서 시민의 헌법적 형성: 공적 의사형성 구조와 민주시민교육의 헌법적 의미를 중심으로

The Constitutional Formation of Citizens as a Factual Precondition of Democracy: The Structure of Public Opinion Formation and the Constitutional Significance of Civic Education DOI http://dx.doi.org/10.62783/SHSS.8.1.66 Yulee Shin* Abstract: The purpose of this study is to clarify, from a constitutional theoretical perspective, the concept of the “factual preconditions of democracy” and the constitutional status of citizens as subjects of public opinion formation within the constitutional order of the Republic of Korea. This study argues that the democratic legitimacy of the majority principle depends not merely on procedural formalism but on the existence of citizens capable of rational judgment and participation in public deliberation. The research adopts a doctrinal constitutional analysis focusing on the structural relationship between Article 21 (freedom of expression), Article 24 (right to vote), and Article 31 (education) of the Constitution. The results are as follows. First, freedom of expression and the right to vote function as structural rights that enable public opinion formation and sustain democratic legitimacy. Second, democratic governance presupposes citizens capable of autonomous and informed judgment as a factual precondition of constitutional order. Third, the study confirms that the Constitution implies a structural responsibility of the state to support citizen formation, particularly through the educational framework. This study concludes that civic formation constitutes an internal constitutional requirement essential for the legitimacy, stability, and sustainability of democratic constitutional order. Key Words: Civic Education, Constitutional Democracy, Factual Preconditions of Democracy, Civic Formation, Public Opinion Formation □ 접수일: 2026년 2월 15일, 수정일: 2026년 2월 26일, 게재확정일: 2026년 2월 28일＊ 국민대학교 법학연구소(북한법제연구센터) 연구위원(Research Fellow, Kookmin Univ., Email: ssslch@daum.net)