제도적 관점에서 본 현행 헌법재판제도의 문제점과 개선방안

Abstract

There are two area in constitutional trials. One area is related to revision of constitution and constitutional court act, the other is concerned with system operating. They are independent each other but complimentary in some specific casees. So it is not enough only by the revision of regulations for constitutional trial to be the most powerful means, to be more powerful and effectively guaranteed and to make an original function realized. An effort concerned with the system operating is also necessary so that an essential function can be accomplished that protects fundamental rights and controls the state power. The problem of the decision quorum, that is necessary more than six justices for agree, could be concerned with the problem, i.e. what kind of verdict method is chosen. In this point it may be said that the two areas have correlation. But when constitutional court accepts certain custom-constitution which has not prescribed in the type of explicit provisions, even an excellent system cannot but have certain limit. For constitutional trial to fulfill original function, the improving of the system operating should be settled earlier before the reforming of regulations.