The Spirit of Independence: A Primer of Korean Modernization and Reform

16. Rights of the American People

To survey the political system of the United States, there are the upper and the lower houses of Congress, which represent the whole country. The government is divided into three branches, the legislative, the executive, and the judiciary, and the power is divided among them. The legislators exercise only the power to decide what the laws should be and they do not interfere with other powers. The executive officials only enforce the law, while the judicial officials only take charge of the law. None of them can have two of these powers so that power will be divided evenly and no dispute will result from mixing [of jurisdictions]. All power originates from the people, who vote throughout the country to select the officials of the central government or to decide on major issues. Decisions are based on the number of people [or votes]. In each community, the local residents gather together and act under the same law. Under uniform law, there is no distinction between the upper and lower classes, the rich and poor, men and women, or the old and the young; one only has to meet the age requirement for registration and be physically able to enjoy the rights of the people that apply to all on an equal basis. In other words, these rights are not to be denied or changed arbitrarily by one or two officials or by “the person up above.” A set code is prepared and distributed throughout the country so that no one is uninformed . In the event of a violation [of the code], regardless of who the victim may be, everyone in the country would consider it a matter of life or death. Those in the government are, as a rule, fair and honest; they do not give away government posts to unqualified candidates, forcibly take away 89 16. Rights of the American People property on a false charge of disloyalty to the parent or the sibling, or engage in any other corrupt practice. Even if the government may be so tempted, the people would not tolerate such acts. This is the basis for of- ficials and the people acting together to ensure that peaceful happiness is never lost. In a country like this, the people are like the foundation stones of a building; if even one stone becomes loose, the whole building would tilt. This is the reason why the government, on its part, disseminates learning and knowledge among the people and endeavors to leave no one uninformed about the laws and codes. The people try not to lose out to anyone by expanding their learning and skills, not to lose their rights by informing themselves on the laws and codes, not to subject themselves to oppression by others, and, at the same time, to protect the rights of those who are weak. What follows is an explanation of the people’s rights by chapter.16 The first chapter lists, as presented below, several rights important for the preservation of the nation: Article 1. The power of the state emanates from the people. Article 2. Government is established solely for the people, and it originates from the powers commonly held by the people. Article 3. Those who manage their own affairs without relying on others, or who know how to keep freedom without submitting to oppression by others, shall have equal rights. Article 4. It shall be strictly forbidden to distinguish the upper or aristocratic class from the lower or commoners’ class by creating court titles or ranks within them. Article 5. In societal affairs, except in cases where certain industries that are beneficial to many people are specially permitted by law, it shall be forbidden for one or two persons to monopolize what is of common interest to all. Article 6. Public places where officials are selected or matters [of public interest] are discussed shall not be forcibly blocked or seized by force by one or two persons; all people shall be permitted to speak freely. The second chapter is for protection of people’s lives and lists the following rights: Article 1. All people have the right to protect their persons and properties and to keep documents related to various types of properties . It shall be unlawful to seize and incarcerate a person except in ac90 The Spirit of Independence cordance with the law, or to search wantonly the residences...