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Some Reflections on Constitutional Amendment Movement in the First Half of Moon Jae-In Government: With Special Reference to the Role of the Judicial Bodies*

Jongcheol Kim 저

pp.575~601 (27pages)

Publisher : Korea Observer
Volume/Number : Korea Observer Vol 52, No 4 / 2021
Publisher : Institute of Korean Studies
Publication : Journal
Format : PDF


This article aims at looking into the historical, political, social, and institutional considerations that may have influenced the suspension of President Moon Jae-In s proposal for constitutional amendment in 2018. Although broad factors and dimensions can be called upon in this regard, as far as institutional considerations are concerned, a focus will be given to the role of the judicial bodies in constitutional change. Either any abrupt attribution of all the political, social, and economic problems which the Korean society faces to the constitutional system alone and its concomitant idealistic or fundamentalist, partisan and non-consensual drive for comprehensive constitutional amendment as a panacea for such pathologies are doomed to failure. Since any constitutional reform movement should be based upon deliberative consensus on the exact causes of constitutional problems and effective alternatives to the existing constitutional institutions and rules, not only constitutional amendment but also legislative reform and changes in political culture are required for the successful constitutional change. The Korean experience in the first half of Moon Jae-In Government shows that constitutional changes through either formal constitutional amendment or informal change through judicial interpretation of the constitution can be foreseeable


Ⅰ. Introduction
Ⅱ. Historical and Political Backgrounds and Implications of Constitutional Amendment Movement in the First Half of Moon-Jaein Government
Ⅲ. Social Backgrounds and Implications of Constitutional Amendment Movement i n the F irst H alf of M oon-Jaein Government
Ⅳ. Judicial Institutions and the Contemporary Constitutional Amendment Movement
Ⅴ. Conclusion