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서강대학교 법학연구소 서강법학 서강법학 제10권 제1호
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    초록·키워드

    After People's Resistance in June, the Korean Constitutional Law of 6th Republic was made in 1987 through political conference which was composed of the representatives from the majority party as well as the minority party. The Constitutional Law of 6th Republic pursued free democratic society where people's basic rights were guaranteed in maximum. The Constitutional Court system was adopted in Korea to achieve this goal. According to the Constitutional Law of the 6th Republic, the judicial independence and political neutrality was guaranteed by the provisions that prohibited the Justices of the Constitutional Court from doing political activities and guaranteed their status.
    Since last year, the fourth Constitutional Court has been in activity. By the way, the 3rd Constitutional Court that existed from September in 2000 to September in 2006 showed remarkable characteristics in the fact that the Court took bold steps in dealing with political cases such as the Presidential Impeachment case and Capital Relocation case. In addition, they say the 3rd Constitutional Court showed, by and large, strong conservative judicial inclination. This paper will analyze and criticize three representative political cases by the 3rd Constitutional Court: Decision to be Constitutional in presidential impeachment case, Decision to be Constitutional in Article 7 of National Security Act case, and Decision to be Unconstitutional in Capital Relocation case and evaluate the three cases in political and social contexts as well. Finally, this paper will explore the characteristics of the judicial inclination of the 3rd Constitutional Court in the perspective of 'the protection of minority's rights.'

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      UCI(KEPA) : I410-ECN-0101-2009-360-018402995