Constitution and Citizenship in a Multicultural Korea: Limitations of a Republican Approach

The current Constitution of Korea is marked by two important changes: the direct presidential elections and the establishment of the Constitutional Court. These two experiments are the origin of recent conflict between the republican restoration of political participation and the liberal judicialization of politics, which is a critical issue in Korean politics today. The flourishing discussion on republicanism in Korean society can be understood as an attempt to recover the superiority of politics against the rule of law and the influence of the judiciary in the stage of democratic consolidation. The author argues that in the statecentered Korean society, the emphasis on republican virtues can include totalitarianism and distort reality due to the abstraction of the debate. Consequently, attempts to restore political superiority should be handled more carefully, and emphasis on liberal depoliticization should come prior to it. The author stresses the limitations of republicanism in the ongoing multicultural trend in Korean society, and supports consensual democracy as a proper system of representation in this pluralistic world. Although reinvigorated politics is vital for consensual democracy, the role of the judiciary still remains crucial for protecting the rights of minorities. [PUBLICATION ABSTRACT]