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대한제국기 입헌논의와 근대국가론-황제권과 권력구조의 변화를 중심으로-

서울대학교 규장각 한국학연구원
Publication Date
  • Law
  • Political Science


This paper examines the debates on conceptions of Constitution and Modem Statein the Great Han Empire. It searches for the degree of taking concepts of Constitution, and it explains the strength of Imperial Power and the establishment of political system. The King established Gojunso(校典所) in order to build a new political system. But he proceeded to have himself named the Emperor with accepting national appeals. And he proclaimed the establishment of Taehan Cheguk, or the Great Han Empire on October 12th, 1897. The debate on Constitutional form started in 1898. The Korean students in Japan considered the acceptability of a general constitutional political system Also the Neo-Confucians did not understand the entire concept of the Constitution. Ana they required the Parliament to allow people to participate in political decisions. But their concepts had potentially possibilities of Consultation Board. The intellectuals that included Yun Chi-Ho(尹致昊) in Independence Club, or Tongnip Hyophoe(獨立協會), planned to reshuffle the government and reformed the Chungchuwon(中樞院) into the Parliament. They insisted that Chungchuwon should be conncected with Imperial Power and should be changed with the Senate on the first week of April. The plan of the Independence Club was to the political system so that Chungchuwon would check Uijongbu(議政府) and the Imperial Power should be superior to both systems. But it had some possibilities of collisions between the new systems and Imperial Power. And King Kojong and the conservative officials misread the new system as a republic. As a result, there was the breaking up of Independence Club and the Joint Conference of the People. Manmin Kongdong Hoe(萬民共同會)on December of 1898. The King and the conservative officials retreated to the original Despotism. The Great Han Empire Imperial Decree(大韓國國制) was enacted on August 17, 1899. It wasn't the National Decree that included the wide debates on the Constitutions and whole political groups. The Committee of Correcting Legislation suddenly enacted the Imperial Decree. It only settled the absolute Imperial Power on the Great Han Empire. It was establishment by the Emperor also. No Constitutional Codes were settled. The Imperial Power in the Great Han Empire renounced the idea of a Constitutional Monarchy. Although the Imperial Power had some possibilities of transforming its ideological character. The Great Han Empire failed in constructing a system of Constitutional Government. It fell down because The Great Han Empire was no more accomplished in the reform of Modern State due to the invasion of Japanese Imperialism. As a result, the intention of establishing the 'Korean Imperial System' was handed over to the next generation.

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