임시헌장(1944.4.22) 연구 -독립운동, 권력투쟁 그리고 '헌법'

Abstract

The Provisional Charter(Ymsiheonjang) of 1944 differs from the other constitutional documents of the Provisional Government in two respects. First, there are a large number of historical records about the debates over the constitutional revision since autumn 1942. Second, it was the result of compromise between the right(Korean Independence Party), the left(Chosun National Revolutionary Party), and the middle(Chosun National Liberation League and Chosun Anarchist League). In this article, I trace the hard process of the political compromise, from the Provisional Congress to the Constitutional Drafting Committee. Here, the related constitutional drafts and the final document will also be examined article by article. The conclusions of the article are as follows: 1. Although the political compromise was deceptive, it was the first constitutional compromise between right and left in Korean history. 2. Therefore, it had a strong influence on the constitutional drafts during the Liberation Period(1945～1948). 3. Especially, it left clear marks on the texts of the preamble and the social rights clauses of the Korean Constitution(1948). In short, the Provisional Charter of 1944 was a “constitutional bridge” connecting the constitutional experiences during the Provisional Government to the constitutional experiments during the Liberation Period.