건국강령(1941. 10. 28) 연구‘조소앙 헌법사상’의 헌법사적 의미를 되새기며

Abstract

Konkukgangryeong(Principles and Plans for National Reconstruction)(1941), written by Cho So-ang, has not been studied so much as himself and his thought of Samgyun(three principle of equality, i.e., political, economic, and educational). I, from the viewpoint of a constitutional historian, examine the related documents article by article and draw below conclusions. First, Cho So-ang's thought of Samgyun was made from his own experiences during the independence movement, and Konkukgangryeong has its origin in the various declarations and platforms written by him. Second, the Chinese thinkers also inspired the shaping of Samgyunism and Konkukgangryeong. Especially, Kang Youwei's thought of Da-tong(great equality) and Sun Wen's principle of San-min(three people) played important roles. Third, some texts of Konkukgangryeong came from Chinese constitutional documents, such as “Wu-quan Xian-fa”(Constitutional Draft of Five-Yuan[1922]), “Wu-wu Xian-cao” (Constitutional Draft of 1936. 5. 5), “Xun-zheng Shi-qi Yue-fa”(Provisional Constitution of Pre-constitutional Period[1931]), etc. Fourth, Konkukgangryeong influenced the codification of the Korean Constitution(1948), through some constitutional drafts during the liberation period(1945～1948).