대한민국 헌법 경제조항 개정안의 정치·경제적 환경과 그 성격

The Political-Economic Circumstances and Character in the Proposed Amendments of Economic Articles of the ROK Constitution

Syngman Rhee government proposed amendments of economic articles of the ROK constitution to the National Assembly on January 23 1954, and suddenly withdrew it on March 9. After that, the second constitutional amendment was carried out on November 29, and the economic articles of the ROK Constitution were amended at this time. Right after the first amendment of constitution, the main points of the President Rhee’s call for the new amendment of constitution were a referendum and a recall system of National Assemblyman. A referendum was linked to the logic of the movements that were opposed to the armistice of Korean War and persisted in attacking North Korea with military power. And it could be utilized as the device that would settle the conflicts between the government and the National Assembly. A recall system was a direct method to put pressure on the National Assembly. To realize these provisions, the mobilization of the people’s will had to be accompanied. As Syngman Rhee had the whip hand over various kinds of social organizations at that time, he was able to mobilize and manipulate the will of the people. However, due to the confrontation between Jok-Cheong(족청) faction and other factions, the President Rhee’s call for the new amendment of constitution was not smoothly progressed. Jok-Cheong faction tried to accomplish the new amendment of constitution the gist of which was a recall system and take the leadership in the party. But other Liberal Party(LP) National Assemblymen were opposed to it. The first aim of Syngman Rhee was not in the amendment of constitution through LP in which Jok-Cheong faction held hegemony, but in the removal of this faction. After the armistice of Korean War, Syngman Rhee government had to reorganize the estranged public sentiment for the social system in which the state power for anti communism was the most important of all things. The movement for attacking North Korea with military power was the most strong measure, but it was in need of material foundation of rehabilitation. Syngman Rhee government created the financial foundation for state-leading industrialization by establishing Industrial Bank. But it had to reflect interests of U.S. that had provided aids which were financial foundation of Industrial Bank. Syngman Rhee government corresponded to U.S. which wanted to build a free economic system in ROK extemporaneously, defensively and functionally for introduction of foreign capital. According these tendencies mixed abstractly in the level of constitution, amendments of economic articles were proposed. The proposed amendments of economic articles was submitted under political circumstances of general election, and was effected by public opinion that amendments of the economic articles was not necessary. The proposed amendments to promote a free enterprise system reflected the mutual agreement of political society between government-LP and Democratic Nationalist Party(DNP). But it was withdrawn because DNP attempted to raise the failures of government policy for general election and the internal conflict in LP occurred, LP attempting to reorganize the power structure of party with public nomination. Thereafter the amendment of constitution was promoted in the political environment of general election. But the amendment of economic articles of constitution could not be appealed as a important political agenda, for the articles of presidential term, referendum and recall system of National Assemblyman.