2024년 상반기 헌법재판소 중요 결정에 대한 평석

Abstract

The Constitutional Court has handled 1,005 cases in total during the period of six months from January to June of 2024. Except for 260 cases of Hun Ma used for criminal remedy in non-indictment, the number of cases handled by the Constitutional Court became 745 during such period of time. In this study, 6 major cases in judicial review and constitutional complaint and 7 notable cases in statutory petition of constitutional review for criminal remedy, among 1,005 cases, are particularly reviewed and analyzed by focusing on the meaning of such cases, criticism and implication. Regardless of whether it is for the order of higher and subordinate law, or remedy, the summary of the main decisions on Hun Ga, Hun Ba and Hun Ma, related to constitutional review on statue and decree are as follows: In a field of Civil Law, the Constitutional Court upheld the precedent on inheritance of de facto marriage spouse and division of property, and decided as unconstitutional & unconformable to Constitution in relation to legal reserve of inheritance, and decided as unconstitutional on 10-year statute of repose about claim for payment of amount equivalent to one’s share of inheritance, and as for Criminal law, the Constitutional Court’s decision on criminal provision stipulating exception to relatives on thievery is predicted that the social impact and ripple effect will be very large with the decisions made above in the field of Civil Law. In election related cases, it is analyzed as important decisions that the article prohibiting public officials from primary election campaign and its penalty provision under Public Official Election Act is unconstitutional, and a penalty provision prohibiting slanders against candidates is unconstitutional as opposed to the precedent. Such decisions are made to support freedom of election campaign and freedom of speech, which appears to be a judgment in the same context as the mainstream decision of the Constitutional Court. As notable cases in administrative law, the article allowing collection of personal information of the person suspected of having an infectious disease for the purpose of preventing and blocking spread of infection under former Infectious Disease Control and Prevention Act does not infringe Privacy right to self-determination and therefore it is constitutional, which is a meaningful decision taking into consideration another pandemic that could come at any time in the future. Another case was about fingerprint seal under Resident Registration Act which was one of the repeating constitutional review cases but individual Justice of the Constitutional Court had different opinion on each article of such Act, which made to take a close look in this paper. In regard to main public-interest sector, the article prohibiting fetal gender prediction of Medical Service Act was decided as unconstitutional, and the article banning collective petition for grievance relating to military service of Framework Act on Military Status and Service was decided as constitutional with opposing opinion by four individual justices of the Constitutional Court, and the article providing minor with loan repayment obligation for living fund under former Decree of Compulsory Motor Vehicle Liability Security Act is not unconstitutional because such article does not infringe the right to have life worthy of human beings as minor by four upholding individual justices of the Constitutional Court. Lastly, in area reflecting similar precedents, the article suspending payment of veteran’s pension to a recipient who taking office as a local council member under Military Pension Act was decided as unconformable to constitution, and the article holding payment of medical expenses to an institution in case where a medical institution turned out to be so called “office manager hospital” established violating Medical Service Act was decided as unconformable to constitution. Those are also marked cases to take a look in this paper.