‘1962년 헌법’의 준비과정에서의 미국헌법에 관한 논의－미국헌법의 계수에 대한 실증적 평가－

Abstract

In spite of a short constitutional history, there has been a tremendous development in the contents and management of the Constitution of Korea. Especially, it seems that the reception of constitutions of other countries has boosted this development. The reception of constitutions was affirmatively and swiftly performed when a social change was made by a small group whose political power was not guaranteed by people’s will. It was because this group emergently needed a legal justification for a social change and its political power and because there was usually not a sufficient time for making constitution according to people’s will. Usually, scholars aver that one of the most important examples of this kind of reception of constitution in Korea is the Constitution of Korea of 1962. It has been commonly accepted that the U.S. Constitution made a great effect on the Constitution of Korea of 1962 in the aspects of its contents and application. However, a positive analysis of comments on the U.S. Constitution in preparing the Constitution of Korea of 1962 shows that there are not sufficient evidences that clearly verify the direct effect of the U.S. Constitution on the Korea Constitution of 1962. For example, it is extremely difficult to find a clear link between the basic rights provisions in 1962 Korea Constitution and those of the U.S. Constitution.