헌법재판소법의 입법적 개선방안에 관한 연구

Abstract

Since The Constitutional Court established on 1 September 1988, it has fulfilled its role as a guaranteed institution of the fundamental human right and a regulation instrument of the power faithfully. But as compared to the remarkable progress of the constitutional trial, the Constitutional Court Act is still far from perfect and has quite a few legal deficiencies. These legal deficiencies sometimes caused the legal controversy and the confusion in national affairs. Thus, it is necessary to seek legislative improvement in the constitutional justice system by supplementing the legal deficiencies of the constitutional trial and the Constitutional Court. The contents to be improved in the current Constitutional Court Act should be summarized as follows. First, it is necessary to establish a substantive provision concerning the term in office of the Chief Justice of the Constitutional Court and the acting Chief Justice in the case of its absence. Second, it is necessary to introduce the qualifications equivalent to the Supreme Court Justice concerning qualifications of the Constitutional Court Justice. Third, if a Constitutional Court Justice can not perform his duties due to serious mental and physical disabilities, a system that he or she can be ordered to retire needs to be introduced according to the case of Justice of the Supreme Court. Fourth, it is necessary to introduce a cost compensation system to compensate the parties for the expenses incurred by the parties in the Constitutional trial for the sake of the decision. Fifth, it is necessary to review the type of the Constitutional Court's decision that the Constitutional Court has presented through its decisions. Sixth, it is necessary to expand an injunction system to the procedureof the constitutional complaint. Finally, it appears that there is sufficient need to state the provisions of the retrial in the Constitutional Court Act.