한국사회의 법치주의와 인권보장 - 역사, 현안, 과제

Rule of Law and Human Rights in the Post-1987 Era: Achievements, Issues and Tasks

&nbsp;&nbsp;The year of 2007 marks the 20th anniversary of the 1987 constitutional regime. Using this opportunity as a momentum for reflection and prospect, this article analyzes and explains the past achievements, present issues, and future tasks of the rule of law and human rights in the post-1987 Korea.<BR>&nbsp;&nbsp;This article proceeds as follows. By way of introduction, the first chapter summarizes major achievements of each and every government in power since 1987. Chapter 2 defines rule of law as legal control of the powerful and legal protection of the vulnerable and identifies the necessary ideological and institutional components of each noble project.<BR>&nbsp;&nbsp;Chapter 3 briefly reviews the post-1987 thematic history of rule of law and human rights with a conclusion that the past twenty years has been a gainful time for ordinary and vulnerable people but a rather painful time for the privileged and powerful. Chapter 4 pinpoints as major pending issues and analyzes zero-tax succession of family control over Chaebol groups of companies, privatization of not-for-profit corporations and foundations, and the deplorable human rights conditions of people with mental disability.<BR>&nbsp;&nbsp;Finally, chapter 5 suggests future directions which the current system of rule of law and human rights should mind and take. The first is to up grade the universal character of domestic law by adopting international norms and standards and to accept the recommendations of such soft power agencies as international treaty bodies and National Human Rights Commission. The second is to extend rule of law principles and techniques to private powers in the social and economic spheres, and the third is to elaborate and effectuate the human rights protection system by providing detailed catalogue of human rights, constant oversight of rights violations, and summary remedies procedures thereof. This article ends by warning against the corruption of rule of law in the era of globalization and bi-polarization.