Jeon Min-jeong: Why is the April 3rd Special Act Unconstitutional?

The April 3 Incident is an important subject in the ideological war. While public officials and citizens let down their guard, the incident was reshaped in line with the intentions of anti-state forces, putting the Republic of Korea in the position of being condemned. This book is a ‘National Normalization Strategy’ intended to rebuild the sense of security and national identity fading from the public consciousness and thereby secure the future of the Republic of Korea. It was written to alert public officials and citizens to the dangerous situation in which the nation’s identity has been damaged and fundamental rights violated because of the failures of political forces that have turned away from historical truth and constitutional principles. Restoring national identity is the foundation for normalizing the Republic of Korea and moving toward a bright future; this requires public vigilance and every public official’s efforts to uphold the Constitution. The book defines the Jeju April 3 Incident as an uprising and rebellion launched on April 3, 1948, by communist forces of the Workers’ Party of South Korea (Namrodang) to prevent the founding of the Republic of Korea, and as an event in which they fought against the Republic for nine years. It also argues that the Special Act on the Jeju April 3 Incident was enacted by politicians deeply immersed in populism who ignored historical truth, and that it violates the precious fundamental rights of citizens set out in the Constitution. Using materials on the April 3 Incident included in this book, the April 3 Citizens’ Solidarity explains why, in its view, the Special Act on the Jeju April 3 Incident departs from constitutional principles. The group argues that the ‘Report on the Investigation of the Truth of the Jeju April 3 Incident,’ which formed the basis of the Special Act, was written from perspectives on unification and human rights that depart from the constitutional ideal grounded in the liberal democratic basic order. By simply reflecting the left’s claim that the April 3 Incident was state violence, it argues, the report turned the act into a ‘special privilege law for Namrodang.’

Korean title: 4.3특별법 왜 위헌인가

Korean author: 전민정

Korean publisher: 프리덤칼리지장학회

ISBN-13: 9791198722317