| Summary: | 碩士 === 國立政治大學 === 韓國語文學系 === 107 === In this thesis, As the starting point of the research, the author chooses the social law under the legal positivism and use the approach of form-reality-ideal-reality as the analytical method of social law. This thesis analyzes the relationship between the due law and the actual law so as to find its form of transformation as the final destination of this study.
The author makes a comprehensive analysis of South Korea’s Constitutions of the Fifth and the Sixth Republics. Through an in-depth study of the Constitutions of the Fifth and Sixth Republics, the author intends to deduce the reason why the Constitution of the Sixth Republic eventually replaced that of the Fifth Republic.
As the "reality-ought" needs to be analyzed with the help of specific systems, the author takes the "four-year re-election system" as the research objective, which focuses on the constitutional amendment of the Sixth Republic. As of the main discussion, the author finds the adaptability of the four-year re-election system to social reality, the conflict between them, and the ways to solve the conflict between the four-year re-election system and social reality.
As for the solution of the conflict between the four-year re-election system and social reality, the author mainly explores three aspects. First, the four-year re-election system can make voters more directly accountable to the political rulers in the political system. Secondly, four-year re-election can greatly improve the political responsibility of the elected, and the corresponding accountability will be more convenient. Thirdly, the four-year re-election system will lead to simultaneous or coincide time of presidential and congressional elections.
Faced with the conflict between the four-year re-election system and social reality, the author adopts the "norm giving way to reality" of the Constitution as the starting point of study. The author tries to improve the system of constitutional development through three different levels, i.e., from interpretation, amendment to review. The aim is to promote the inevitable and spontaneous development of the Constitution in the interior, as well as the improvement and optimization of it.
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