원행정처분에 대한 헌법소원

Constitutional Complaint to Original Administrative Disposition after Judicial Court's Decisions

Any person who claims that his basic rights guaranteed by the Constitution have been violated by the exercise or non-exercise of government power may file a Constitutional Complaint. But, constitutional complaint for the judicial court's decision is not permitted and the rule of exhaustion of other remedies is legal prerequisite in our constitutional complaint system(The Constitutional Court Act, Article 68 Section 1). Because of this fact, constitutional complaint for administrative disposition(action) is prohibited virtually in our country. Under the system of our constitutional complaint, It is very significant theme which may file a constitutional complaint for the original administrative disposition which has been the subject of administrative court, not judical court's decision just itself. In this paper, I discussed with the various issues surrounding this thema, and I suggested the measures for improvement of legislation and solution by interpretation in order to ensure effectiveness of basic rights guarantee system. The ultimate solution is to permit constitutional complaint for the judicial court's decision. The next best thing, the constitutional court's decision should be changed that the constitutional complaint for the original administrative disposition should be permitted.