직업의 자유에 대한 규제와 그 심사

Regulation toward to freedom of occupation and its review

  Occupation have the quality that it is the continuous activity of person to do himself as a means to support his livelihood at the same time it is the operation to make contribution to the maintenance and development of society in the society of specialization. And occupation has indispensable relation to personal worth of individuals as the ground to be able to accomplish his own personality.   therefore it is prescribed in the Article 15 of the Constitution that all citizens enjoy freedom of occupation. In general freedom of occupation guaranteed by the Article 15 of the Constitution includes the freedom to choose occupation, that to decide occupation and that to carry on business.   On the contrary due to the continuos and fixed type occupation is under the great influence of society in contrast to the basic right of the others. For this reason a prior restraint of occupation is permitted. But although the intervention and regulation of government admits of freedom of occupation, such intervention and regulation may be of freedom of occupation is adjusted by law only when necessary for national security, the maintenance of law and order, or for public welfare. Even when such restriction is imposed, no essential aspect of the freedom or right shall be violated.