Violence Does Not Need To Be the Answer - How South Korea Embraces Peaceful Methods of Discourse over Social Issues through the Constitution
- Title
 - Violence Does Not Need To Be the Answer - How South Korea Embraces Peaceful Methods of Discourse over Social Issues through the Constitution
 
- Author(s)
 - Sanggyu Suh
 
- Publication Year
 - 31-May-2021
 
- Citation
 - Vol. 11 Issue. 1 Page. 171-206, 2021
 
- Publisher
 - 한국법제연구원
 
- Keyword
 - Conflict management; Constitution; Preamble; Constitutional 
Court; Social Movement; Grievances; Government; Society
 
- URI
 - https://repository.klri.re.kr/handle/2017.oak/9794
 
- Abstract
 - In an era where democracies are the most common form of government in 
the world, the question remains on how to successfully accommodate the issues 
of society. While democracy encourages public participation in national politics, 
many governments still struggle with how to cope with rising public participa tion, where a popular form of participation is through social movements. Often 
times, governments resort to violence to stifle social movements, but this violent 
clash does not need to be eternal. Perhaps there is a solution to this situation, 
where the constitution and legal bodies that derive their influence and power from 
the constitution can provide the platform for controlled and peaceful discourse 
between the public and political elite on social issues. In South Korea, the pream ble of the constitution and the constitutional court have been powerful legal tools 
that have allowed for peaceful discourse over social issues and have entrenched 
the South Korean nation into utilizing peaceful forms of discourse to settle griev ances. This paper will explore the historical evolution and foundations of this 
peaceful South Korean system and present lessons that could be adopted by other 
democracies around the world to promote peaceful communication between the 
public and political elite. 
- Table Of Contents
 - Ⅰ. Introduction
Ⅱ. Constitutions are Critical in Democracies: How Preambles Can Define a Democ racy and Present Avenues for Change
Ⅲ. The Importance and Impact of Social Movements in Korean Society
A. The Korean Independence Movement as the Foundation of National Peaceful 
Democratic Spirit
B. 19 April 1960: People of South Korea Protecting and Defending Democratic 
Values
Ⅳ. A Preamble with Legal Powers: How the South Korean Constitutional Court 
Made the Preamble a Legal Tool
A. Testing the Constitutional Court: The Conflict Between the National Security 
Act and Fundamental Rights Protected by the Constitution
B. A Growing Precedent for the Preamble to be of Legal Value: How National 
Spirit in the Preamble is Preserved by the Constitutional Court
Ⅴ. The Need for Modernization: New Dedication to Democracy through President 
Moon’s Amendments
A. The Significance of President Moon’s Amendments: What Do These New 
Democratic Movement Inclusions Mean?
B. A New Korean Democratic Identity After the Impeachment of President Park 
VI. Conclusions and Lessons 
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