2020년 헌법 중요판례평석

Abstract

This paper reviews major decisions concerning constitutional law rendered by the Constitutional Court of Korea in 2020. Where necessary, prior decisions or related cases are also covered. Selected cases include (1) Case on constitutionality of blacklisting artists and cultural organizations, ordering their exclusion from government support programs, the conducts committed by former President and high ranking officials of former administration, (2) Case on prohibiting a person with multiple nationalities from renouncing Korean nationality after his assignment to the preliminary military service, (3) Case on constitutionality of limitation of period and number of applications by ‘National Bar Examination Act’ sec.7, (4) Case on competence dispute over the jurisdictional authority of local governments concerning ‘Landfill sites under the Public Waters Management and Reclamation Act’ of Article 4 of ‘The Local Autonomy Act’ amended in 2009 which provides that the local governments, to which such regions will belong, shall be determined by the Minister of the Interior and Safety and where any local government has an objection to the decision, the head of the local government may file a suit with the Supreme Court, (5) Case on replacement of a member of the Special Committee on Judicial Reform, the subject matter of which is the acts of the respondent, Speaker of the National Assembly, in removing the claimant, a lawmaker of the Bareunmirae Party (BP), from the Special Committee on Judicial Reform and replacing him with another lawmaker of the BP, on April 25, 2019 infringed the claimant’s authority to deliberate and vote on bills.