The Major Influences of the U.S. Constitutional Law Doctrines on the Interpretation and Application of the Constitution of the Republic of Korea : Critical Analysis on the Current Constitutional Court\u27s Decisions and Thoughts of the Necessity of Amendment of the Current Constitution of the Republic of Korea

Abstract

Since the end of World War II, the United States has affected constitutionalism in many countries of Asia. The United States occupied the Philippines (1898-1946, except 1943-1945), Japan (1945-1952), and South Korea (1945-1948) and encouraged democratic revolution there, with different polices and results. The U.S.A. Military Government in Korea ( USAMGIK ) directly governed southern part of Korean Peninsula from its liberation in 1945 until the establishment of the Constitution of the Republic of Korea with declaration of beginning of independence in 1948. Although Americans did not participate in drafting the Constitution, USAMGIK gave its essential backing to the autonomy of Korea\u27s constitution-making process with making series of ordinance. Moreover, with relatively short constitutional history, the Constitution has been amended nine times during last five decades. In the course of this transition, the influence of American constitutional law doctrines has been enormous. With all the above respects, the primary purpose of this research is to find how the United States\u27 constitutionalism has influenced on the interpretation and application of the Constitution of the Republic of Korea. Through attaining this purpose, one might be able to find the development of human rights situation as well as the new judicial environment in South Korea, which is the secondary purpose of this research