헌법상 기본권 개정안 논의 동향과 성과 검토 - 2018 한국헌법학회 헌법개정연구위원회 기본권분과위원회의 활동을 중심으로 -

Abstract

Korean Constitutional law Association constituted the Constitutional Amendment Research Committee(hereinafter ‘the Committee’) in January 2018, prepared a Constitutional Amendment Bill, and presented it at the press conference in the National Assembly in March 2018. This Constitutional Amendment bill was considered to be the accountability of Korean Constitutional law Association for the times in the empirical tradition and it was required to establish a neutral, objective, exemplary Reform proposal with a scholarly conscience. The aim of this paper is to record the discussion process and contents related to fundamental rights through writing thesis under this background to be used as a specific reference for discussing the Amendment related to the fundamental rights to be carried out later. This paper analyzed and described the process of commissioning of the subcommittee, the process of committee member composition, revision contents of the fundamental rights field shared by each committee member, progress of management and issues of discussion, and its evaluation. The legal issues that were common in the discussions by the articles were the issue of the subject of fundamental rights, the method of statute reservation, etc. There were many issues in that each article could be viewed differently from the constitutional values and perspectives, and it was likely that such a part should respect the current constitutional provisions as much as possible. It should be included in this Constitutional Amendment Bill if there were not the provisions the Constitutional law such as the right to life, the right to safety, and the right to information, etc, which have been verified by the Constitutional Court for the past 30 years.