현행 헌법상 헌법재판제도의 구조상의 문제와 그 개선에 관한 일 고찰

Abstract

There are some problems as to the struchture of Verfassungsgerichtbarkeit in the Korean Constirurion. We have two supreme counts for Verfassungsgerichtsbarkeit, that are the Constitutional Court and the Supreme Court. The Constitutional Court exercise jurisdiction over the matters that are listed in the Article 107(2). So there can be contradictions between the interpretation of the Consutitution of the Constitutional Court and that of the Supreme Count. But there are no remedy about that, And there can be contradictions between the jurisdictions of two Counts. So I`d like to propose to repeal the Article 107(2) and amend that the Constitutional Count be the only supreme count as to Verfassungsgerichtbarkeit