인문학
사회과학
자연과학
공학
의약학
농수해양학
예술체육학
복합학
DBpia AI
AI 에이전트
AI 아이디어
AI 리더
AI 뷰어
Citeasy
크롬 서지관리 다운로드
지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록·키워드
Traditionally, the constitutional rights is understood to be a defense right against infringement from government power to protect individual freedom and right, so the validity is not considered to be in effect between equal private persons. However, in the modern times, the constitutional rights have frequently intruded by individuals who have enormous social and economic powers such as conglomerates, labor unions and political parties.
Under these circumstances, in order to practically guarantee personal freedom, ‘the effect of fundamental rights to the privates’ that fundamental right does not only bind government power, but also bind the relation between private persons emerged.
Currently, there are no big arguments about whether the effect of fundamental rights to the privates should be admitted or not, instead, as there is no specified law in Korea Constitution, so many judicial precedents and theories are discussed on what basis should the third effect of fundamental rights be admitted.
In America, the issue of the effect of fundamental rights to the privates was raised for the solution of racism. "State Action Theory" was born and has been developed in the United States by the decisions of U.S. Supreme Court. According to the Article 14 of the U.S. Constitution, the State should obey the due process in depriving the life, liberty and property of the people and should provide equal protection of laws. Hence, some private actions could constitute state action to which the Article 14 of the U.S. Constitution could apply.
Presently, Korea jurisdiction doesn’t show consistent attitude in dealing with the third effect of fundamental rights. However, through many judicial precedents and as scholars take indirect effect theory, Korea is introducing the idea of public law that respects and guarantees fundamental law without pulling down dual system of public and private law, maintaining the jurisdiction principle of freedom and private autonomy. In order to approach this problem, I will research “State Action Theory” in America and review the acceptance of the theory in Korea.
Finally, this paper is intended to review the requirements on effect of fundamental rights between private individuals, life normativity of constitutional law and so on. This approach will be helpful to understand the issue in relation to the effect of fundamental rights to the privates. It will give the chance to review the horizontal effect debates in Korea.
Under these circumstances, in order to practically guarantee personal freedom, ‘the effect of fundamental rights to the privates’ that fundamental right does not only bind government power, but also bind the relation between private persons emerged.
Currently, there are no big arguments about whether the effect of fundamental rights to the privates should be admitted or not, instead, as there is no specified law in Korea Constitution, so many judicial precedents and theories are discussed on what basis should the third effect of fundamental rights be admitted.
In America, the issue of the effect of fundamental rights to the privates was raised for the solution of racism. "State Action Theory" was born and has been developed in the United States by the decisions of U.S. Supreme Court. According to the Article 14 of the U.S. Constitution, the State should obey the due process in depriving the life, liberty and property of the people and should provide equal protection of laws. Hence, some private actions could constitute state action to which the Article 14 of the U.S. Constitution could apply.
Presently, Korea jurisdiction doesn’t show consistent attitude in dealing with the third effect of fundamental rights. However, through many judicial precedents and as scholars take indirect effect theory, Korea is introducing the idea of public law that respects and guarantees fundamental law without pulling down dual system of public and private law, maintaining the jurisdiction principle of freedom and private autonomy. In order to approach this problem, I will research “State Action Theory” in America and review the acceptance of the theory in Korea.
Finally, this paper is intended to review the requirements on effect of fundamental rights between private individuals, life normativity of constitutional law and so on. This approach will be helpful to understand the issue in relation to the effect of fundamental rights to the privates. It will give the chance to review the horizontal effect debates in Korea.
본문·목차
인공지능 문자 인식 모델을 통해 추출된 텍스트로, 일부 오타나 오류가 포함될 수 있으나 지속적으로 개선 중입니다.
오류를 발견하셨다면 해당 부분을 드래그한 후 ' 를 통해 신고해주세요.
오류를 발견하셨다면 해당 부분을 드래그한 후 ' 를 통해 신고해주세요.
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UCI(KEPA) : I410-ECN-0101-2015-300-002739335
