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미국헌법학회 미국헌법연구 미국헌법연구 제16권 제1호
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    초록·키워드

    Due process of law has been called the most important term in American constitutional law. Both the Fifth and Fourteenth Amendments prohibit government actions which would deprive "any person of life, liberty or property without due process of law˝. Due process clauses are derived from the Magna Carta granted by King John in 1215. Chapter 39 of the Magna Carta provides: No free man shall be taken, imprisoned, disseised, outlawed, banished, or in any way destroyed, nor will We proceed against or prosecute him, except by lawful judgment of his peers and by the law of the land A 1354 statute by Parliament first used the phrase ˝ due process of law in interpreting Chapter 39 of the Magna Carta. The terms˝ law of the land and ˝ due process of law˝ are essentially synonymous, and embraced a substantive as well as a procedural component. In other words, due process of law constituted a substantive limitation on the power of government and procedural safeguards for natural rights. Any person can not be deprived of Natural rights including rights of life, liberty or property without due process of law by government. Due process of law has been called the most important term in American constitutional law. Both the Fifth and Fourteenth Amendments prohibit government actions which would deprive "any person of life, liberty or property without due process of law˝. Due process clauses are derived from the Magna Carta granted by King John in 1215. Chapter 39 of the Magna Carta provides: No free man shall be taken, imprisoned, disseised, outlawed, banished, or in any way destroyed, nor will We proceed against or prosecute him, except by lawful judgment of his peers and by the law of the land. A 1354 svtatute by Parliament first used the phrase "due process of law" in interpreting Chapter 39 of the Magna Carta. The terms "law of the land ˝ and "due process of law" are essentially synonymous, and embraced a substantive as well as a procedural component. In other words, due process of law constituted a substantive limitation on the power of government and procedural safeguards for natural rights. Any person can not be deprived of Natural rights including rights of life, liberty or property without due process of law by government.
    Korea has used the term ˝ due process of law˝ since the ninth revision of Constitution in 1987. At the time, the idea of due process of law is the main priciple that all government actions should have not only procedural justice but also substantial justice. Although there is a matter of some dispute on the meaning and scope of the concept of the principle in the United States, due process of law is a resolute principle in Korea and broaden the meaning and domain compared with the United States.
    Korea has used the term ˝ due process of law˝ since the ninth revision of Constitution in 1987. At the time, the idea of due process of law is the main priciple that all government actions should have not only procedural justice but also substantial justice. Although there is a matter of some dispute on the meaning and scope of the concept of the principle in the United States, due process of law is a resolute principle in Korea and broaden the meaning and domain compared with the United States.

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      UCI(KEPA) : I410-ECN-0101-2009-362-015610322