미래가치를 창출하는 글로컬 산학일체 혁신대학
Constitution Day
By Song Chae-bin, Reporter, Sophomore of Public Policy
Constitution Day Restored as a Public Holiday After 18 Years
A bill to amend the Act on Public Holidays, reinstating Constitution Day as a public holiday, was passed in the National Assembly plenary session in February. Accordingly, starting on July 17 of this year, Constitution Day will once again be designated as an official public holiday. This marks the first such change in 18 years since the day was removed from the list of public holidays in 2008. Most students today belong to a generation with no memory of Constitution Day as a public holiday. As a result, its symbolism and significance have often been difficult to appreciate in daily life. Constitution Day has been restored as a public holiday after years of being treated as a regular working day. This change offers an opportunity to reassess its constitutional values and symbolic significance.
Origins of Constitution Day
Constitution Day commemorates the promulgation of the Constitution of the Republic of Korea on July 17, 1948. To honor the democratic republican ideals embodied in the nation’s first Constitution, the day was designated as a national holiday in 1949 under the National Holidays Act. At the time, the Constitution served as a landmark document proclaiming the establishment of a democratic republic in which sovereignty rests with the people. This declaration was made in the wake of colonial rule, liberation, and political turmoil. The principles of popular sovereignty and democracy, enshrined in Article 1 of the Constitution, subsequently became the foundation of Korea’s political and social order. Constitution Day has since been recognized as the day marking the birth of this constitutional order.
Constitution Day and the Value of the Constitution
Beyond its historical significance, the Constitution is far more than a symbolic document. As the supreme law defining the fundamental order of the state, it binds all branches of government: the legislative, executive, and judicial. It also serves as the basis for guaranteeing the fundamental rights of citizens. By limiting state power through the separation of powers and grounding the legitimacy of governance in popular sovereignty, the Constitution provides the guiding framework for the state’s operations. In this regard, Constitution Day holds importance as an occasion to reflect on the Constitution's normative character.
From Removal to Restoration as a Public Holiday
Despite its significance, Constitution Day was converted into a regular working day in 2008 as part of a broader policy to adjust the number of public holidays following the introduction of the five-day workweek. As the country transitioned to a standardized five-day workweek, discussions emerged about reducing public holidays to ease the burden on businesses. In that process, Constitution Day became the only one of Korea’s five national holidays to lose its public holiday status. In the years that followed, calls to restore Constitution Day’s symbolic standing continued to grow. In response to these ongoing public discussions, the government and the National Assembly began pursuing legislative steps to reinstate the holiday last year. The amendment bill to the Act on Public Holidays was subsequently passed by the National Assembly plenary session this year, officially restoring Constitution Day as a public holiday after 18 years. With this change, all five of Korea’s major national holidays are once again observed as public holidays: March 1st Movement Day, Constitution Day, Liberation Day, National Foundation Day, and Hangeul Day.
Implications of Restoring Constitution Day as a Public Holiday
When the state designates a commemorative day as an official public holiday, it signifies more than simply granting people a day off. It represents public recognition of the values that day embodies. Public holidays function as an institutional mechanism through which members of society collectively remember and reflect on a shared occasion.
The Constitution serves as both the foundation for the protection of fundamental rights and the standard for limiting the exercise of state power. In this respect, restoring Constitution Day goes beyond merely increasing the number of holidays. Rights enjoyed in everyday life, such as freedom of expression, personal liberty, and equality before the law, are all grounded in constitutional provisions. At the same time, the Constitution functions to prevent the arbitrary exercise of state authority. The reinstatement of Constitution Day is therefore seen as a symbolic measure that directs public attention to the fundamental purpose of the Constitution.
Reinstating Constitution Day as a public holiday also formally commemorates the day the Constitution was enacted. In doing so, it reaffirms the Constitution’s symbolic and historical significance while encouraging citizens to reflect on the foundations of the constitutional order. It further serves as an opportunity to reconsider both the rights the Constitution guarantees and the responsibilities citizens bear. This, in turn, prompts deeper reflection on the role of individuals within a democratic republic.