헌법재판소법 제39조에 대한 헌법소원 심판청구의 청구기간의 기산점

Abstract

Whenever a complainant repeatedly files the same constitutional complaint against the Article 39 of the Constitutional Court Act, the Constitutional Court newly counts the time limit for filing constitutional complaint from the date of the latest complaint. Thus, Constitutional Court would dismiss constitutional complaint for which the filing time limit may have lapse, if the filing time limit were determined on the basis of the previous constitutional complaint. This attitude of the Constitutional Court goes against its established judicial precedent about the time limit for filing constitutional complaint against statute which says that if a reason arises under the law and thus the filing period begins, then even if another reason thereafter newly arises under the law, a new filing period cannot be seen as continuing. Such an attitude also goes against the purpose of establishing a filing period provision for constitutional complaint, as complainants can repeatedly dispute Article 39 of the Act without being bound by the filing time limit. Thus, the Constitutional Court should determine the beginning date of filing period on the basis of the initial constitutional complaint against Article 39 of the Act, and should decide to dismiss the later constitutional complaint for which the filing period have elapse.