Conclusion
The history of the Korean Constitution from 1919 to 1948 is a saga of ‘We the People of Korea’ in pursuit of constitutional government based on the popular sovereignty of the Korean people.
The Korean people transformed into a nation of republic following a revolutionary moment, the ‘March 1st Movement’ in 1919, amidst Japanese occupation, thereby making the first modern constitution by the KPG. It aimed to constitutionalise the determination to establish a modern nationstate of the Korean people demonstrating both anti-monarchial and anti-colonial leaning. After liberation from Japan in 1945, albeit under the subsequent US military rule, the 1948 Constitution of South Korea inheriting the tradition of the 1919 Korean Constitution was made and it established an independent Government of the Republic of Korea.Therefore, the 1948 Constitution of South Korea can be called the ‘Founding Constitution’ in that it established an independent government of South Korea reviving the democratic republic determined in 1919, and also the ‘Refounding Constitution’ in that it reestablished the Korean modern nation-state which was already established in 1919.
Reflecting on its legacy, it is hard to conclude whether the 1948 Constitution of South Korea failed or not. The 1948 Constitution yielded several problems in its practice and, most notably, failed to fetter the power. It is not easy to assert whether it was because of the imperfection of the constitutional design or the immature conditions to implement the Constitution. However, from a closed consideration of context and construction beneath the constitution-making process, the 1948 Constitution was an accomplishment of a long-term project of the Korean people and also a beginning phase towards the constitutional government that the Korean people had longed for. From this point of view, the Korean people should be appreciated for making a modern Constitution on their own, without external guidance or imposition, amidst the inescapable difficulties of the time.