In the midst of faith, habit and governance /Rudolf Smend

My job is the people

 

I had a certain intuition of the flow of martial law, but that is not the point. Each effort to change the bad situation is important. Somehow, this situation seems to be a confrontation between people with strange minds and people with sound minds. Anyway, German constitutionalist Carl Friedrich Rudolf Smend 1982-1975 put forward a democratic logic as a constitutionalist by describing a state as a 'process' of integration. He was persecuted by the Nazi government.

 

The Korean Constitution was heavily influenced by the German Constitution. However, with the late formation of a modern state, Korea's constitutional theory developed two beats later than the German Constitution. The reason for the delay in two beats was that the Korean Constitution and laws first came to Korea via Japan, starting with Germany. This is also integrated with the introduction of the education system. So Germany, Japan, and Korea have been prone to nationalism, ranging from the education system to the social system it has formed, leading to the mass production of extreme rightists who say strange things.

 

The president, who shook Korea's future by declaring martial law, insists that his actions are not judicial because they are "acts of governance." By the time the president was studying the bar exam, constitutional education in Korea was carried out by constitutional scholars from the Carl Schmitt 1888-1985 school of determinism. Perhaps anyone who studied the bar exam at that time had not read the test book of constitutional studies written by Korean professor Kwon Young-sung. Shortly afterwards, Rudolf Sment's theory began to be accepted by Professor Huh Young, but Karl Schmitt's theory posed as an absolute dogma in Korea.

 

Korea was in the era when the authoritarian government of the 5th Republic came to power at that time. The decisive constitutional school instilled legitimacy in despotic governments such as the Nazis or the Korean military government by clarifying the constitution that the constitution was a promise made by a powerful person to become a sovereign. Among them came words such as governing and new presidential systems. The decisive constitutional school did its best to bring events that cannot be understood in today's reality into the realm of constitutional studies.

 

Thinking back to the old memories, I heard the Korean president say his act was an act of governing. The President seems to know how to recall those days when he studied with a clear mind. For those who have lived through those eras, the word governing might also be one of the inseparable old habits. What matters, however, is not the constitutional identification but the lives of the people. If the President voluntarily resigns soon, everything will be normalized quickly. The prevailing currency defense would be easy, too. Although the decisive constitutionalists will dislike it........

 

Governance is not important, but the future of the people is important.