[The Editors' Verdict] The Erosion of Constitutional Spirit Is Serious

The Constituent Constitution, created 73 years ago, embodies the spirit and framework of the newly established Republic of Korea. It is the foundation of legitimacy recognizing Korea as the sole lawful government on the Korean Peninsula, and the basis for liberal democracy, human dignity, the enhancement of human rights, and national development. However, the precious spirit of the Constitution is frequently damaged and polluted. This phenomenon stems from the unique circumstances of the Korean Peninsula, liberated from Japanese imperialism. Although liberation was partly due to the efforts of our ancestors, it was essentially a ‘gift of victory’ from the Allied Powers, including the United States. The unique situation of the Korean Peninsula was intensified when the U.S. military occupied the south of the 38th parallel to disarm Japanese forces, and the Soviet military occupied the north.

The U.S. military’s goal was to prepare for nation-building through the disarmament of Japanese forces and military administration. In contrast, the Soviet military aimed to complete a communist revolution. In other words, their goal was to prevent the sprouting of a liberal democratic system in Korea. To achieve this, their top priority was to obstruct and block the drafting of the Constitution, which forms the backbone of nation-building. A representative act of obstruction was the Jeju 4.3 Incident. The Jeju 4.3 Incident was a rebellion aimed at disrupting and blocking the May 10 general election. Preventing the election meant that the Constituent Assembly could not be formed, and the Constitution could not be drafted, thereby stopping the birth of the new Republic of Korea.

During the rebellion, there were also unjust sacrifices of civilians caused by military and police forces. The state has an obvious duty to console and compensate victims of communist forces. Of course, civilians unjustly sacrificed by military and police forces should also be consoled and compensated by the state. However, the state cannot disguise the rebellion leaders and their sympathizers as victims to provide consolation and compensation. In his 72nd anniversary commemorative speech on the 4.3 Incident, President Moon Jae-in disguised the rebellion participants as victims, calling them ‘those who dreamed first.’

The June 25 North Korean invasion was a war aimed at communizing the entire Korean Peninsula. It resulted in over 2.5 million civilian casualties. The Truth and Reconciliation Commission is providing compensation for civilian victims. Naturally, compensation should be provided for damages caused by invading forces, including abduction and forced labor. However, it is said that compensation is being prioritized for damages caused by excessive actions of military and police forces in the process of suppressing the invading forces. This reversal of priorities not only damages the spirit of the Constitution and denies national legitimacy but also justifies historical distortion by misidentifying the perpetrators and victims of the invasion war. It is urgent to reorganize the consolation and compensation system so that damages caused by the North Korean People’s Army and others are prioritized.

Recently, the misconception that the U.S. military equals occupying forces and the Soviet military equals liberating forces must also be corrected. Although the U.S. military was officially designated as occupying forces in proclamations, it contributed to establishing a liberal democratic system through the May 10 general election, the drafting of the Constitution, and the founding of the Republic of Korea. On the other hand, the Soviet military occupied North Korea under the guise of liberating forces. It is important to note that the Soviet occupation of North Korea was sudden and exploitative. As Japan’s surrender approached, the Soviet Union began entering North Korea the day after the Allied Powers declared the end of the war, occupying the northern region. The mask of liberating forces led to economic exploitation and served as the vanguard to complete the communist revolution in North Korea. The terms ‘occupying forces’ and ‘liberating forces’ are illusions created by linguistic prejudice and damage the spirit of the Constitution.

The Constitution contains the ideological foundation of the system. Currently, it seems that Korea is trending toward de-ideologization. There is a problem that if ideological security collapses, the nation faces a crisis of survival. Therefore, now is a critical time for measures to establish the correct ideology.

Jo Young-gi, Visiting Professor at Kookmin University