1인 지배체제와 약한 시민사회의 저항: 유신체제의 법제적 권위주의와 인혁당재건위 사건

초록

This study examines the governing structure of the Park Chung-hee regime, particularly following the promulgation of the Yushin Constitution in 1972, and analyzes it through the analytical framework of legalistic authoritarianism. The Yushin Constitution fundamentally reorganized the constitutional order by granting the president near-absolute powers, including unlimited re-election, emergency decree authority, and the right to dissolve the National Assembly. While maintaining the formal appearance of constitutionalism, the Yushin regime structurally resulted in the suppression of political freedoms, concentration of power, and the erosion of civil society. The law functioned as a tool to legitimize arbitrary rule, while civil society was systematically suppressed under the façade of legality. The People's Revolutionary Party Reconstruction Committee Incident exemplifies state violence, revealing how the judiciary, subordinated to executive power, instrumentalized legal procedures to eliminate political dissent. By exploring the relationship between law and violence and analyzing the structural mechanisms of civil society repression, this study illuminates a critical juncture in modern Korean history where democracy and the rule of law came into sharp conflict.

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