한국제도·경제학회

The debate on what the state is has been an active discussion topic in political and legal circles from ancient times to the present. While constitutional law refers to ‘national corporation’, and administrative law refers to as the ‘primary administrative subject’, but there are not many cases in which the substantive meaning is explained in detail. Thus, this study examined the nature and characteristics of a state in terms of its constitutional person (ie, one made by the Constitution). Analysis of how the personality with the intelligence, emotion, and will elements of the nation works in reality becomes a very beneficial concept to explore the creation, development, and role of the nation. Based on this research, the constitutional person founded by the Constitution of Republic of Korea has the following meaning and challenges. First, various laws and ordinances delegated the Constitution and the Constitution have prepared many regulations that regard the Republic of Korea a constitutional person. Second, the Republic of Korea Constitution has continued to develop through the phase of conception, birth and growth, just like natural people. Third, the Constitutional person is the only corporate entity under the Constitution. Fourth, the Constitutional person does not compete with other constitutional persons within one country but is a comparable relationship that coexists with the other constitutional members of the world. Fifth, Constitutional person is given the task of advancing growth of both the body and the spirit. The path of advancement is to show the image of a mature educated person who embraces the past that has become basis for the existence of now constitutional person, and complements the present by mirroring the past, and fosters the nation’s competitiveness toward the future.