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Research Report

Constitutional System and Legislation in New Normal Era
  • Issue Date 2021-12-31
  • Page 307
  • Price 11,000
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Ⅰ. Backgrounds and Purposes
▶ Background
○ There is a growing need to establish new social norms or standards in order to deal with economic, social and environmental crises that continue to occur around the world and to effectively respond to the transition to a new era.
○ In particular, the wave of the fourth industrial revolution, represented by big data and the development of artificial intelligence technology, has left South Korea and other countries across the globe at a turning point towards a new era of intelligent information society, and the COVID-19 pandemic is facilitating a swift transition into intelligent information society. As a result, society is rapidly changing into a non-face-to-face and online society.      
○ As mentioned above, the fourth industrial revolution and social changes caused by the COVID-19 pandemic requires a new social norms, the so-called new normal. This circumstance suggests that the legal system also needs directions and standards for establishing new legislation which are suited for a new era. 
▶ Purpose
○ The purpose of this study is to establish directions and new standards for legislation that are necessary to properly and proactively respond to social changes expected to occur in the future in the era of great transition.
○ With the premise that directions and new standards for establishing legislation should be based on the Constitution, the supreme law of a country, this study specifically aims at examining where legislation in a new society should be heading to protect the basic principles of the Constitution and what should be discussed about new constitutional fundamental rights to deal with social changes, and at establishing directions for the current Constitution and legislation that are necessary to prepare for a new society and the future.   
Ⅱ. Major content
▶ New normal era and democracy
○ Conducting an empirical examination of the impacts on democracy made by the development of intelligent information technology characterized by big data and artificial intelligence, looking at the legislative measures that other countries around the world have taken in order to prevent the development of intelligent information technology from undermining the basic principles of democracy and establishing legislative directions with regard to related statutes. 
○ Conducting an empirical analysis of the impacts on democracy made by the COVID-19 pandemic and examining the functions of democracy with respect to enacting statutes in order to address an emergency such as the COVID-19 outbreak.  
▶ New normal era and separation of powers
○ With a growing need for a more powerful administrative authority to effectively respond to the COVID-19 pandemic, conducting an empirical examination of the details of changes in legislation related to infectious disease control and prevention measures in Germany, France and Japan.
○ Conducting a critical examination of controversies relating to the protection of the public’s human rights in Germany, France and Japan following changes in legislation in regard to infectious disease control and prevention measures taken in such countries and establishing directions for legislation regarding the measures.
▶ New normal era and new fundamental rights
○ Discussing fundamental rights to information that are necessary in a new era driven by the development of intelligent information technology, as well as fundamental rights to information and technology recognized as new fundamental rights to information in Germany, France and other countries other than the existing ones such as freedom of information, the right to know and the right to self-determination of personal information.
○ Conducting a critical examination of the current status of legal remedies for protecting platform workers in foreign countries and changes in related legislation and looking at what are the implications for South Korea, based on the premise that forward-looking changes in the interpretation of the right to work in the Constitution and related legislation need to be made to protect the rights of platform workers, the number of which is rapidly increasing due to the development of artificial intelligence.
▶ New normal era and amendment to the Constitution
○ Analyzing whether there is a need to retain the current provisions in the Constitution regarding unification in order to pursue a peaceful unification in the new normal era that is the basic value of the Constitution and examining unification-related provisions to be inserted through an amendment to the Constitution so as to ensure the normative force of the Constitution which is necessary when the Constitution of a unified Korea is enacted. 
○ Discussing the need to amend: the preamble of the Constitution in order for democratic ideology to be established as living norms in the daily lives of citizens; provisions regarding political impartiality of public officials as prescribed in Article 7 (2) of the Constitution of the Republic of Korea and related legislation to provide more fundamental political rights to public officials; and the Constitution to reflect the demand of the times for citizens’ more direct participation, under the premise that it is necessary to reorganize the political order in the new normal era
Ⅲ. Expected effects
○ Suggesting legislative and policy directions and developing a discourse in the new normal era 
○ Providing directions and principles for legislation and a legal system in conformity with constitutional ideology 
○ Offering constitutional and legislative alternatives by sector in the new normal era