중국의 제헌운동이 상해 임시정부 헌법개정에 미친 영향－1920년대의 헌법개정 과정에 나타난 정치제도의 규범과 현실－

Abstract

The revision of the Provisional Constitution in 1925 was done to simplify the political institutions of the Shanghai Provisional Government. Through the process, they tried to come over political disruptions caused by some unfeasible institutions. The revision was led by Seobuk-pa (Northwestern Faction) that claimed the re-modeling of the Provisional Government. Therefore, it had more provisions that reflected “our own 7-year-old constitutionalism” while it had less provisions from the Chinese constitu- tional documents comparing to the Provisional Constitution of 1919. Mean- while, we can recognize the “simplification” all over the new Provisional Constitution. Although, we cannot say the new Provisional Constitution was full of pure “homebred” provisions from “our own 7-year-old constitutionalism.” Because, as we know, it was based on the Provisional Constitution of 1919 affected by Chinese constitutional documents. Moreover, we can confirm that the new Provisional Constitution was under influences of Chinese constitutional documents through the below four things－the position and tenure of cabinet leader, the co-signature system of cabinet members, the indirect legislature election by local assemblies, and the weakened veto power of cabinet leader. The revision in 1925 has two significances in Korean constitutional history. First, it was a fresh start of “our own constitutionalism.” Second, it was a first change of the govern- ment system, from presidential to parliamentary. What’s more, the Constitutions of 1948 and 1987 contain a couple of provisions from the Provisional Constitution of 1925.