위헌법률 규정에 의해 당연퇴직한자에 대한 임용신청거부처분성

Abstract

When someone’s fundamental rights guaranteed by the Constitution have been infringed through the law, even if the limitation period during which he may file a Constitutional Complaint against the law expires, he can recover his rights through bringing an action before any court of the Republic except the Constitutional Court. In that case, when the ordinary court request the Constitutional Court to have the law’s constitutionality reviewed, the Constitutional Court may review the constitutionality of the law which infringes someone’s fundamental rights regardless of limitation period of Constitutional Complaint. I have an idea that the civil servant dismissed by the unconstitutional law may bring an action before administrative court to revoke the refusal to accept an application to appoint under some spetial condition. In other words, the refusal to accept an application to appoint may be one of dispositions of administrative entities against which actions are allowed. When it is not obvious whether it is necessary for the ordinary court to ascertain the constitutionality of any statute or provision thereof before applying such law to a pending case, the view of the ordinary court should be respected.