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논문 기본 정보

저자정보
(서울디지털대학교)
저널정보
한양법학회 한양법학 한양법학 제40집
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피인용 7

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    초록·키워드

    Legislative power is indispensable for national operations and the fundamental rights guaranteed. The legislation is not only expertise, but also a duty of the legislature. Consequently, the legislation does duty as the boundary of freedom of the legislature.
    Legislative power should be actively exercised in accordance with the change of time and social environment. Therefore the National Assembly is obliged to observe the situation of law and continue to increase the normative effect of the law or to meet before becoming the law unconstitutional appropriate action by the existing system is better adapted to the actual situation. This observation is required in relation to the compulsory repair an independent legislative duty, since the observation can be made independent of the repair.
    In South Korea, the Constitutional Court can not the process and the content of the observation, but only the Non-fulfillment of the legislative consequences by the legislature control. Object of observation is a currently valid law. The South Korean Constitutional Court can observation duty of legislators to the extent that the law in the near future threatens to turn into the unconstitutionality of the doubts about the very serious violation of fundamental rights is still present and the constitutionality of the law is doubted very strong, despite its incompatibility with the Constitution or notes is not. If the legislature ignored the observation by the constitutional court decision, the party concerned a constitutional complaint against this legislative omission “unlimited” rise. In this process, the Constitutional Court declared this omission is unconstitutional, and as a non-legislature may take an interim regulation.
    Furthermore, you will be subsumed by the legislative omission as a type of violation of the obligation to improve legislation to figure out how to control the formation of legislative freedom.

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      UCI(KEPA) : I410-ECN-0101-2014-360-000510783