2023년 헌법 중요 판례 평석 (Ⅰ)

Abstract

This paper analyzed the meaning and content of major decisions on normative control among the Constitutional Court decisions made in 2023.
 The Constitutional Court made a constitutional decision on the provisions of the former School Violence Prevention Act, which stipulated a written apology as one of the principal's actions against the perpetrators of school violence.
 In a unanimous decision, the Constitutional Court ruled unconstitutional against the provisions of the 'Special Cases Act on the Punishment of Sexual Violence Crimes', which required life imprisonment or more than 7 years of imprisonment for the crime of forced assault on a residence. The above provisions were contrary to the principle of proportionality between responsibility and punishment.
 In addition, with a 4:5 opinion, the Constitutional Court sentenced a constitutional decision on the provisions of the former Act on Special Cases concerning the Punishment of Domestic Violence Crimes, etc., which did not stipulate the prohibition of access using mail in the victim protection order.
 In the opinion of judges 6:3, the Constitutional Court ruled that the provisions of the Immigration Control Act, which allowed the protection of those who were ordered to deport but did not establish an upper limit on the period of protection, violate the principle of excess prohibition and due process, violating the freedom of the body, and were not in accordance with the Constitution.
 The Constitutional Court recently ruled against the constitutional inconsistency with the consensus of all the judges on the former Act on Assembly and Protests, which bans rallies near the official residence of the National Assembly and punishes those who host rallies in violation of them, and the Public Official Election Act, which prohibits anyone from spraying printed materials or installing wreaths to affect the election from 180 days before the election day.