Eun-Jeung Lee

"Verfassungsreform als politisches Instrument: Die Einstellung der politischen Eliten Südkoreas zur Verfassung"

erschienen in Verfassung und Recht in Übersee (VRÜ), 2013 Heft 1 (Link)

The history of modern constitutions in South Korea began in 1948. According to the 9th constitutional revision of 1987 currently in force, the Korean people are the constituent power. Nevertheless, in the debate on constitutional reform that set in with democratisation in 1987 the will of the people plays only a minor role. Instead the political elites on purpose stir up debates on constitutional reform as a political gimmick to improve their public standing. One wonders what significance the constitution as such has for Korean politicians. Therefore, in this paper, largely on the basis of reports in the mass media, the topography of the political discourses on constitutional reform during the period 2005-11 is presented. It is shown that traditional and authoritarian traits are still prevalent (of paramount importance) among the political elites. In traditional Korean society the monarch and the political elite established their rule by imposing laws on their subjects. For the South Korean authoritarian rulers before 1987 the constitution was a means to secure and prolong their power. This traditional mode of elitist thinking formed during the authoritarian past is the most fundamental problem and obstacle in the present debate on constitutional reform in South Korea.