2008년 기본권판례의 회고와 전망

A Review on the Constitutional Court s Decisions Relating to Basic Rights in 2008

There are many decisions of Constitutional Court in 2008, which is the Court s 20th founding anniversary. This paper reviews some Court s decisions relating to basic rights, focused on decisions of unconstitutionality. The following decisions could be regarded as the most important decisions among them, I think: Notification of Import Health Requirements for US Beef Case(2008.12.26. 2008Hun-Ma419ㆍ423ㆍ436); Claim for Damages of Stillborn Fetuses Case(2008.7.31. 2004Hun-Ba81); Adultery Case(2008.10.30. 2007Hun-Ka17 ㆍ21, 2008Hun-Ka7ㆍ26); Ban on Telling Fetus Sex Case(2008.7.31. 2004Hun-Ma1010, 2005Hun-Ba90); Aggravated Punishment of Repeated Robbery and Bodily Injury in Art. 3, Act on the Aggravated Punishment, etc. of Specific Crimes Case(2008.12.26. 2007Hun-Ka10 etc.); Prohibition against Seizure of Postal Insurance Case(2008.5.29. 2006Hun-Ba5); Imposing School Site Cost to Construction Companies Case(2008.9.25. 2007Hun-Ka9); Special Counsel s Case on the Suspicion to Myong-bak LEE, Presidential Candidate from Grand National Party(2008.1.10. 2007Hun-Ma1468); Monopoly of Korea Broadcasting Advertising Corporation in Agency Business of Terrestrial Broadcast Marketing Case(2008.11.27. 2006Hun-Ma352); Movie Rating of the Limited Show Case(2008.7.31. 2007Hun-Ka4); Prior inspection of Broadcast Advertisements Case(2008.6.26. 2005Hun-Ma506); Comprehensive Real Estate Tax Case(2008.11.13. 2006Hun-Ba112); Age Restriction Case in National Examination for Public Servants of 5th Class(2008.5.29. 2007Hun-Ma1105); Deposit Money in Presidential Elections Case(2007.11.27. 2007Hun-Ma1024); Prohibition against Election Campaign Planning of Public Officials Case(2008.5.29. 2006Hun-Ma1096); Case on the Constitutionality of Election Campaign Using Loudspeaker(2008.7.31. 2006Hun-Ma711). It is certain that these decisions are contributing to strengthening the authority of constitutional law and improving constitutional theories. The recent trend of reviewing the constitutionality of important national policies also shows that constitutionalism has been deeply infiltrating into our society.