[2026년 고등 통합사회2] 1-2 인권 보장을 위한 헌법의 역할과 시민 참여

Main ideas and concepts

1) Constitution as the foundation of human rights

• Human rights are guaranteed by the Constitution.
• The Constitution is described as:
  • the supreme (highest) law
  • the highest standard for all laws and regulations
  • a guardian protecting people’s human rights
• Human rights stated in the Constitution are called fundamental rights.

2) Types of fundamental rights

Fundamental rights include:

Human dignity and value / right to happiness

• The right to have dignity and value respected
• The right to pursue a happy life
• Presented as a basis for all other fundamental rights

Liberty (freedom)

• The right to live freely without interference from state power
• Framed as “retroactive” through limiting the role of the state
• Examples (individual freedoms):
  • Freedom of the body: freedom from unlawful arrest or detention
  • Freedom of religion
  • Freedom of conscience
    • Freedom to hold beliefs/thoughts about right and wrong
    • Includes the right not to be forced by others
  • Freedom of communication
    • Freedom to exchange contact; concerns about state monitoring are used to illustrate the danger
  • Freedom of speech
  • Freedom of press
  • Freedom of assembly
  • Freedom of association
  • Freedom to exercise property rights

Equality

• Citizens are treated equally without discrimination (gender, religion, social status, etc.)
• Emphasizes equality “before the law” in a democratic society

Political rights (suffrage / participation in politics)

• Citizens can participate in national decision-making → popular sovereignty
• Included rights:
  • Right to vote
  • Right to referendums
  • Right to hold public office
    • Becoming a member of the state/local government and performing public duties

Social rights

• Rights to demand the state secure a life with human dignity
• Described as an active right requiring active state intervention
• Examples:
  • right to education
  • right to work
  • right to a decent life
  • right to live in a pleasant environment

Right to claim (requesting remedies)

• A right to demand state actions
• Positioned as a tool to guarantee other fundamental rights
• Types mentioned:
  • Right to petition (written requests to the state)
  • Right to claim state compensation (damages from illegal acts of public officials)
  • Right to claim criminal injury compensation (compensation for people detained as defendants/held as criminal victims and then acquitted)
  • Right to request a trial (speedy and fair trial)

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3) Institutional mechanisms guaranteeing human rights

A) Popular sovereignty

• Sovereignty lies with the people
• Elections are the main method to realize this

B) Rule of law (legalism)

• Public power must be exercised only based on law
• Purpose:
  • protect people’s freedom and rights
  • prevent arbitrary rule by the state

C) Separation of powers + checks and balances

• Power is divided to prevent rights infringement by state power
• Legislative / judicial / executive division is attributed to Montesquieu’s theory
• Korea’s arrangement:
  • National Assembly: legislative power
  • Government: executive power
  • Courts: judicial power
• Examples of checks and balances:
  • National Assembly can audit state affairs and impeach the government
  • Government can veto laws against the National Assembly
  • Mutual constraints also exist between the Assembly/courts and government/courts

D) Democratic election system and multiparty democracy

• Representatives are directly elected
• All citizens have:
  • right to vote
  • right to hold public office
• Multi-party system
  • Anyone can form and join parties
  • Two or more parties operate freely
  • Party activities help reflect people’s views in politics

E) Fundamental rights relief mechanisms (remedies)

Citizens can seek redress through state or constitutional/legal bodies:

• National Human Rights Commission (human rights-related relief)
• Courts
• Constitutional Court decisions / constitutional adjudication
• Constitutional appeals (explained with distinction)

Distinction explained:

• Judicial review of a law
  • A request to determine whether a law violates the Constitution
  • Only the Court of Justice can request it to the Constitutional Court
• Constitutional adjudication
  • A system where citizens whose fundamental rights are infringed by public authority can directly request relief from the Constitutional Court

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4) Citizen participation as a complement to representative democracy

• Citizen participation: citizens actively expressing opinions on policies/social issues or engaging in actions (e.g., rallies)
• Functions:
  • protects citizens’ authority
  • promotes the public interest
  • complements representative democracy when people’s will isn’t fully reflected

Examples of citizen participation mechanisms:

• Resident audit request Residents request an audit when they recognize local government handling:

  • violates laws, and/or
  • significantly harms public interest
  • Elections Participate actively and vote (described as the most fundamental form)

• Political parties Join parties sharing political views; parties shape public opinion and influence policy

• Civic group activities Voluntary organizations formed by citizens to pursue public interest; can shape public opinion and restrict policy

• Interest groups Formed by shared interests (often within the same occupation), e.g., Korean Medical Association

  • Can sometimes conflict with public interest due to prioritizing members’ interests
  • Public hearings / resident meetings Present opinions to resolve public issues

• Legislative petitions / resident ordinance requests Participation in law/ordinance-making

• Local government participation systems

  • Referendum system: voters decide major policies
  • Resident ordinance proposal system: residents directly submit ordinance proposals
  • Recall system: vote to remove a representative (local government head or local council member) for serious problems during their term
  • Participatory budgeting: residents directly participate in budgeting to restrict projects or express opinions
  • Resident audit request (re-identified as a representative local participation system)
• Social media/YouTube-based opinion shaping Presented as a modern envisioned method of citizen participation

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5) Civil disobedience (concept + conditions + examples)

Definition

• Civil disobedience: intentionally violating the law to correct unjust laws or policies.

Examples cited

• Gandhi’s Salt Act struggle (India, against Britain’s Salt Act of 1930)
• Montgomery Bus Boycott (Montgomery, USA)
  • Black resistance to laws discriminating between whites and Black people

Thinkers referenced

• Thoreau
  • “Law of conscience” is higher than “government law”
  • If they conflict, follow conscience
• Rawls
  • If existing laws violate a shared conception of justice, civil disobedience is necessary
  • Even if it appeals to the majority’s sense of justice beyond individual conscience

Conditions / rules for civil disobedience

• Must pursue a legitimate purpose aimed at public interest
• Not allowed merely because the law conflicts with one’s personal interests
• Only against laws/policies that undermine social justice
• Must be non-violent
• Should be a last resort, used when other legal resolution options have failed
• Must be willing to accept punishment for illegal acts
• Overall purpose: to help establish a just legal system

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Speakers / sources featured

• Teacher Lim (video host/teacher, “Teacher Lim’s 10-Minute Society”)
• Montesquieu (credited with proposing separation of powers/inviolability of power)
• Gandhi (Salt Act struggle; civil disobedience example)
• Thoreau (civil disobedience theory)
• Rawls (civil disobedience theory)
• Korean Medical Association (example of an interest group)
• British government (opposed in the Salt Act struggle example)
• Black people / Montgomery activists (in the Montgomery Bus Boycott example)
• National Human Rights Commission
• Court of Justice
• Constitutional Court
• National Assembly
• Government
• Courts (general reference to the judicial system)
• Local governments / local councils (as subjects of participation mechanisms like recall and resident audit)