제10차 헌법개정 논의와 국제법

The Debate over the Tenth Revision of South Korea’s Constitution and International Law

While the momentum has built up over the past years in South Korea for the revision of its national constitution, which was last amended in 1987 to effect democratic transition, there has been remarkably little discussion with respect to constitutional provisions concerning international law and international relations. Constitutional articles that better reflect the significance of international law are necessary in light of constructive international relations, the universal nature of international law and reinforcement of democracy and national interest. While the three factors may pose contradictions, they can also balance and augment each other. With this in mind, the paper considers specific proposals for constitutional revision in the field of the preamble, provisions relating to treaties and customary international, and provisions relating to international human rights law, international criminal law and international humanitarian law.