South Korea Constitutional Interpretations

DATE No. Content
1.)2003. 1. 30.Area Code of Civil Procedure Article 445 trillion dollars, including constitutional petition Joe violation of the principle of equality guidelines of Article 445 of the Code of Civil Procedure 1. Determine whether the area is not recognized as the effect of a final judgment final payment instructions (passive) 2. Payment due short statute of limitations was extended to 10 years if the violation of civil order 165,000,000,000,000 principles second term does not include whether it is equal to (negative)
2.)2003. 1. 30.Aspirations of the Penal Code Article 62 of the Constitution requires 1 clues 1. Although the decision to increase clarity of the Criminal Law Article 62 The first condition is to prohibit probation ash retains the previous decision of the Constitutional Court, shall not violate the Constitution, at the request of the applicant 2. The above-mentioned law whether violations (negative), whether or not the law, in violation of the principle of equality (passive) principle 3
3.)2002. 12. 18.Classification of prisoners unconstitutional check processing rules 1. whether the necessary requirements to recognize and deal with the justice minister classification gwihyu directly related to positive haenghyeongbeop 440000 Yi fifth paragraph provides that the rights infringement (passive) 2. The applicant prisoner classification process rule 2001 of February 16 for petition claims judgment, the same year, then the claimant 8. 9. If the relay agent was added to obtain a filing haenghyeongbeop 5 Constitutional Article 44 determines bill examination information claim, wherein the additional second haenghyeongbeop 3 1, the basic rights violations related to the identification section 32 from foreign class classification rules whether the prisoner arc treatment, wherein the second time period covering accounting for the compliance portion 44 petition section 5 ( funny)
4.)2002. 12. 18.Development in the old industrial area law unconstitutional article 38 2 of desire 1. If the concessionaires and treatment following the development of the program, is based on Article 38 of Presidential delegations industrial base and second development method to determine the content of the necessary changes to the enabling legislation of the price of the land disposal program, as violation of the principle of the prohibition or incomplete legislation authorized a substantial degree, 2. law 38 and the developing industrial sites in the definition section 2 will be set (hereinafter referred to as "case law clause") (passive)
5.)2002. 12. 18.Outdoor advertising muldeung Act Clause 1 of Article III of the Constitution, including the sixth inspection If (passive) 2. Is to prevent violations of freedom of expression in other infringing work of the ad use Jiaotonggongju of (passive) Outdoor advertising muldeung Act provides that the above provisions 1. Free
6.)2002. 12. 18.Constitution to make such medical law 25 1 The first distal portion prohibits non-limiting health behavior body 1 1. Medical Act 25 whether the first (referred to as "case law articles" hereinafter) by the base 2. The claimed method is a constitutional case a predetermined (negative)
7.)2002. 12. 18.Obtained as claimed in claim 22, para. 1, No. 1, income method, for example, a desire namok 1. Whether it is the nature of retirement benefits of civil servants is different from the nature of the civil service retirement benefits, etc. 2. retirement benefits from the party's formal retirement benefits (activity) than the retirement income deduction, 100 civil servants should be whether the 75 non-party applications officials retirement income fifty hundredths deduction violation of equality (negative) between the parties other than the official value than human dignity and non-party 3. poor retirement income deduction rate officials and civil servants the right to the pursuit of happiness, (passive) and whether the violation of property rights, and the violation of tax equality or not (passive)
8.)2002. 12. 18.Article 4, paragraph 2 1 unconstitutional, including recommendations on private equity owner Railway Co., compensation 1. The requirements of Article 23 by the principle of "fair compensation" market compensation, without exception, paragraph 3, of the Constitution in all cases (passive) whether to accept the amount of compensation it obtained the shares is estimated to be 2.50 years ago, this country when the stock market is not the source, based on the calculation method Gupiaojiaoyi pricing options based on the balance sheet, and it is based on generally accepted that it violates the Constitution of the applicable time producer price index fluctuations in the balance sheet can not if (passive)
9.)2002. 12. 18.National merit such an honor, and legal recognition clues 16 3 of the Constitution to support a Since the payment (hereinafter referred to as "event allowances") to the fallen children sunjik army and police or army and police and military police child allowances June 25 declined 01/01/1998 soldiers and police were killed or facts whether it is a military and police sunjik children and survivors' pensions of National Merit honor such men and support the legislation after receiving the requirements of Article 161-3, in which the relevant clues, in addition to violations of the right to equality (passive)
10.)2002. 12. 18.188 paragraph 2 of the Securities Exchange Act, including constitutional aspirations 1. Article 188 paragraph 2 of the Securities Exchange Act or not (passive), which is contrary to the internal information needs to limit liabilities for minimally invasive principles are not positive for the fundamental rights of return or lack of undisclosed utilization 2. Securities Exchange Act Article 188 Article Article 8 paragraph 2 determine whether it violates the principle of minimal invasion, bear the responsibility that is unified is not the cause of abnormal return (passive) 3. Securities Exchange Act Article 188, paragraph 2 Because of this limitation and that you can achieve (activities) 4. Securities Exchange Act, compliance with the principle of legal balance of interests between the public interest, Article 188 Article 8 contrary to the principle of comprehensive legislation prohibiting the authorization or not (passive)
11.)1992. 1. 28.National Security Law Article 7 of the Constitution on the petition 1. The amended before May 31, 1991 (correction) (former) National Security Act (National Security Act) whether article 7, paragraph 5, in violation of paragraph 1 of the Constitution (unconstitutional) 2. March 29, 1989. Protest (demonstration) on whether it is devoted to the revision (full correction) (front) Rally (rally) and jurisprudence (law) before article III, paragraph 1, No. 4, Article 14, paragraph 1 unconstitutional (unconstitutional)
12.)2002. 12. 18.The low-floor buses obligations determined unconstitutional Profile bulhaengsa 2. legitimacy of the country's constitutional powers 1. The administrative requirements should introduce a "low-floor buses" for the constitution 3. impaired consciousness national obligations to protect the constitutional provisions of 34, paragraph 5 "physical disability" whether it comes from in particular the obligation of the Constitution (passive)
13.)2002. 11. 28.Official acts required 51 paragraph 1 of the Constitution of hope If you schedule validation because they are missing dragon disability certificate claiming he saw the damage to non-payment of disability compensation Jin Fuli and civil servants is the condition of the lung due to illness or injury formal retirement in countries such as South Korean officials against the lawsuit claims submitted (hereinafter the constitutionality of the decision referred to as "case law clause") officials whether to pay disability benefits or disability compensation, pension obligations law article 51 clause 1 will be the premise of the trial (burlesque)
14.)2002. 11. 28.Land Consolidation Act repealed the law unconstitutional, as Article 3 inspection method The case is considered to have nothing to do with constitutional rights and interests of the claimants do not have to submit a petition to the legitimate rights of bujeokbeop
15.)2002. 11. 28.Article 17, paragraph 2 of the National Intelligence Service Act provisions unconstitutional proposal 1. (including retirement), "Article 17 of the National Intelligence Agency employees Employees Act, paragraph 2 (hereinafter referred to as" case law clause "). If you want to tell belong to work as a secret pre-event party must receive permission from the director "court claims infringement of the parties in the case of violation of the prohibition of excessive or not (active) sentencing judgment unconstitutional conditions 2. Remove the principle of the plan is whether part of the Constitution are in conflict
16.)2002. 11. 28.4 method, the first configuration and the desire to claim 2 penalties on weight aggravated Some criminal penalties on government officials, company executives Weighted not even accused of taking bribes in relation to official acts of reinsurance and related work agenda officials 1. Officials of the Criminal Law (hereinafter referred to as "teukgabeop") teukgabeop Article 4 (1) and 2 (hereinafter referred to as "case law clause"), whether it is a crime (passive) 2. reinsurance and duties by special law, government officials, business executives believe violates the principle of equality either punish bribery contrary to the principle of excess prohibition (passive )
17.)2002. 11. 28.This configuration so that the passenger 73 cover 2 Method according to claim No. 11 1. Shuttle bus by excluding the second user is prohibited to claim 1 shuttling passengers pharmacy specifically permitted bill transport destination station 73 sets a medicament, characterized in that the first (hereinafter referred to as "case Act") of whether the infringement sales complainant (passive) freedom 2. whether in these terms, and proposed a special train, in addition to the target user condition of pharmacies in violation of civil rights of the applicant (passive) allowed
18.)2002. 11. 28.15 local taxes Article 2, which wish fifth constitutional law No. 234 Local Tax 1. General definition of the taxable isolated land tax rate (in France 19981231 5615 amendment to the arc) as claimed in claim 234, wherein # 5 "188, paragraph 1 of the second 15 of the second group whether the regulations "(hereinafter referred to as the law of the incident" exceed the prescribed limits of the land area below) of "serious violations of tax laws and comprehensive enabling legislation, part of the lake some houses on land presidential order principle prohibited (1) (no source) 2 for case law predetermined application, the housing portion is larger than the total area, but the above criteria are taxed ownership i.e. the area does not exceed the above standard footprint "area below sharer based on" or whether to include owner who has no more than part of the above criteria, the area of ​​land contrary to the principle of equality of the upper transferred to real taxation principle (passive)
19.)2002. 11. 28.Land suyongbeop Article 73 unconstitutional aspirations 1. In the application to appeal Land dated suyongbeop Article 73, paragraph 1, of the Constitution must be installed to a decision whether to appeal, if an appeal to the Central Land Acquisition Committee (passive) 2. The decision of the Central Land Commission accepted land suyongbeop whether article 73 (2) during application of the structure thereof defined (negative)
20.)2002. 11. 28.999, paragraph 2 of the Constitution of the civil claim determined Inherited restore violated the claimant ceremony, "the date of 10 years of comedy of that is violation of the right of inheritance", revised Civil Code section 999 trillion of claim 2, wherein the part (hereinafter referred to as "case law clause"), equal rights of property, or no (passive)
21.)2002. 11. 28.Article 29 of the Constitution desire to place 3 of the Civil Service Act Article 29 of the Local Public Service Law and constitutional transfer of local officials (passive)
22.)1992. 1. 16.Pending detention for several days is not about the constitutional petition Whether Court (the Court) are not included in the trial of the (referee) (not into) an open day custody (detention pending for several days) may be the subject of constitutional judges
23.)2002. 11. 28.Legal three wishes unconstitutional Korea Health Industry Development Act 1. This is because if the nationally recognized employee or not (passive) 2. Secondary to national research institutes and statutory succession, the rights and obligations only property, its provisions are not granted labor relations, inheritance consolidate a direct continuation whether employment security rights unconstitutional the (negative)
24.)2002. 11. 28.Obtaining military service, paragraph 1 of Article 71 of the Constitution of desire cues 1. In determining legislative body hyeongseonggwon our draft constitution generally agreed that the scope of the legislator, whether (the initiative) 2 out of the portrait draft exemptions ages 31-36-year-old proposed is open (hereinafter referred to as "case law from the obligation of students sick Terms Act "), the Military Service law Article 71 the first condition is that the ban violated the law retroactive, the principle of trust protection principle and the principle of equality (passive)
25.)2002. 11. 28.National Security Law Article 13 unconstitutional recommendation 1. half the national regulatory beopjeonghyeong best parties committed to death NSL Article 13 of the repeat offense (hereinafter referred to as "the law of events" for short) by the sinner has committed a crime, even if such praise, whether it is plastic back regulations part 2 or above the law no (active) highest beopjeonghyeong death penalty violates the principle of proportionality is contrary to the clear principles or not (active)
26.)2002. 10. 31.Check the Constitution Article IV, paragraph 1, of the Lawyers Law Enforcement 1. With your petition dogwa billing period, despite two euros 2. Mr. petition cases to express additional comments on the merits
27.)2002. 10. 31.Act unconstitutional established nine special credit geumyungeopbeop 2 Tiao 1. If the conditions of the old group members who are in violation of the fundamental rights in the Organization for the Prohibition, if it is legal or not (passive) 2 Return leasing company, claiming that a car rental or relief on behalf of members to determine his constitutional rights when it was deleted professional geumyungeopbeop Act section 2 of the second term loans to leasing companies, car daeyeoeop (car rental business), from the point of view of the existing car daeyeoeop parties to engage in a similar leasing business as much as possible, in order to increase competition when expected or seller reduce interest occurred fundamental rights violations daeyeoeop no car (passive)
28.)2002. 10. 31.Rights disputes between the executive and the Interior Minister and the government of southern 1. Article 117 to ensure local content and government agencies 2 overtime allowance rules specified in Paragraph constitution-making and enforcement powers of the content and meaning of overtime allowance "in Article 117 Difangzhengfu local officials and the head of the limitations of the budget authority of the Constitution of 3 legislation "to provide local officials at a distance of (1) 4. business processing instructions minister of government administration and the Minister of the Interior, 2002 January 25 third-party payment" VI and I work more than 5 payment of overtime allowances and overtime accounts the scope of accreditation. General subjects (overtime) ◦ (Article 15, paragraph 4 Youth) daily for two hours, if more than two hours a day in minutes to calculate the number of hours within 4 hours also combine paid after deducting overtime . "the portion (called 'event hereinafter the indication" mentioned in part) regulatory role in whether the event claim 5. Constitution 117,000,000,000,000 whether violation infringement of article 1 of the applicant (passive) is to apply whether it is a violation of (passive) inherent rights of people part of the municipality of instruction
29.)2002. 10. 31.Jiangnan rights disputes between the President and vegetables The necessary constitutional authority under section 117 of the first content restrictions and Difangzhengfu to ensure that Article 117 of the Constitution 2. The meaning of "legislation", paragraph 1 of 3 payment, payment of overtime allowance of information (hereinafter referred to as "the provisions of the problem") under section 4 of Article 15 of the Minister of government administration and Home Affairs is to establish a range within the province, and requested information municipal Civil Service Commission regulations unconstitutional head of Article 117, paragraph 1 is (passive) 4. fighting has been delegated limits of the rule of law, 5 whether there is a problem from the provisions of any rule restrictions (passive) 6. departure from the provisions of the problem is a violation of basic constitutional rights of the applicant (passive) 7. Defangzhengfu Decree 9 position in terms of paragraph 2 No. 1 content and government authority in mamok and pastoral 8. the problem definition is an infringement of the plaintiff's top domestic law, the municipal government (passive)
30.)2002. 10. 31.Article desire to obtain corporate income tax claim 18, wherein the three second, third constitution For more information on the legal provisions of the basic content of the President's appointed tax liability, taking into account the legislative intent, but a total ban on representatives can look at the relevant provisions of the postwar organic synthesis, the system predicts the river within the target range of the delegation of violation In principle, this case is not
31.)2002. 10. 31.Music, video, game ratings of Article 24 of the Act IV of the Constitution specifies the recommended game ratings paragraph 3 1. The relationship between administrative bodies album, Water Law and video game rating (2001 help if one is not found, or game level game levels and other classified information received does not belong to government officials, to enable them to collect and dispose of 5. 24. the provisions of law No. 6473 will be part of Article 24 of the game before the parentheses grade 4, paragraph 3) amended (referred to as "case law clause" hereinafter otherwise infringe on property rights passive) whether 2 the principles prescribed by law in the case whether the tort claims court (passive) prescribed by law in this case 3, breach of warranty of caution and due process (passive)
32.)2002. 10. 31.Agriculture and Rural Basic Law Article 41, as the Constitution of desire 1. This Executive Order imposing amount of farmland allotment ratio of land per unit is determined under paragraph 4, and agricultural compositions Article 40 of those who have to pay by the Minister of Agriculture, agricultural land law, agricultural information through individual official land price of land within the scope of the notification and Article 41, paragraph 2 rural Basic Law, the body is a violation of the prohibition commissioned a comprehensive legislation or not (passive) 2. agriculture and one of those who must be paid by the Article 41 of the farmland allotment of the Basic Law in rural areas, to collect for each land proportion of principles 1 and 2, wherein said body is violated or not the attribute (negative)
33.)1991. 12. 2.Non - prosecution appeal this Constitution 1. gisanjeom (Constitutional Court (Constitutional Court) is the Constitution (constitutional complaint) billing cycle starting fundamental right to basic rights (during the request) violations (violation of public authorities (public power)) is a former (former) starting point) 2. police Commissioner (police Minister) penalties prescribed treatment (penalty point petition to levy sanctions) (constitutional complaint) supplemented with sex (supplementary) 3. event IAB terminate the investigation agency (search agencies) treatment (within check whether the events of the end ( configuration suitable method) (constitutional complaint) for processing)
34.)2002. 10. 31.To obtain the inheritance tax Article 4, paragraph 1, of the Constitution hope 1. Building Companies Act section 4 (before 5193, December 30, 1996 will be the revision of the legal profession fenugreek) property values ​​than 1 person inherits property values ​​other than the heir (hereinafter referred to as "part plus a lifetime gift specify whether case law is called "). In this case, both the legal provisions (negative) 2. Half of the property to ensure that illegal activities, such as the principle of tax equality (passive)
35.)2002. 10. 31.Companies adjusting method as claimed in claim 127, the desired configuration paragraph 3 Bamboo Bay report in the corporate reorganization proceedings under section 127 of corporate restructuring law provisions do not adequately parties united cleanup plan hearings end of the third paragraph deprived of the opportunity to report about the equal rights of the parties to the Constitution, property rights and other such bonds this cleanup whether the infringement (passive)
36.)2002. 10. 31.Willingness to Article 3 in the penalty shootout 4 unconstitutional, including acts of violence 1. and punishment, such as imprisonment or more by section 3 Weighted take two violent crimes of violence nubeom If you are finished within three years and then made a collective movement of violent crime weapon or receive an exemption is the fourth of its execution ( passive) violated the principle of whether NE idem two principles of equality and 2, the above provisions is contrary to the principle of beopjeonghyeong weapons or imprisonment in excess of liability under the more than seven years nubeom sentenced (negative) 3. · it creates a collective beopjeonghyeong, it can not be sentenced to probation, even use the same weapon, whether it is set to beopjeonghyeong of nubeom recidivism and violence move the party to criminal punishment system out of balance, penalties (negative) 4. jakryang whether the judge to reduce the sentence of the infringement ( passive)
37.)2002. 10. 31.Road Traffic Act unconstitutional desire to Article 3 of Article 101 1. The legal meaning of the Constitution, Article 27, paragraph 1, according to the law "2. Legislative hyeongseonggwon limit" the right to effective protection of human rights trials; 3. Reasonable grounds to justify general administrative appeal internally displaced 4. special attention to the road 3, Article 101, paragraph 3 of the second contact fingers 6 of the Constitutional Court Road Traffic Act requires appeal procedures cf 3 5. Article 107 of the Constitution on reasonable grounds to prove that the provisions of section 101 of the traffic Act forewarned whether the provisions of Article 101 7.3 of the road traffic Act (passive) in violation of the right to the violation of the equal (passive)
38.)2002. 10. 31....... drop cancel disposal Under such investigation secluded reason La exercised by any public body, punishment case of cancellation ...... they drop test
39.)2002. 10. 31.Asked the Constitutional Court Act 45, paragraph 4, to determine Court Organization Act, 45 the retirement age of judges under the Act, paragraph 4 (hereinafter referred to as "the law of events" for short) judicial tenure infringing the provisions of Article 106 of the Constitution or the official selection for the right to equality damimgwon plaintiff's freedom, regardless of occupation is a violation of (passive)
40.)2002. 10. 31.District Health Insurance Article 32, paragraph 1, hope that this violation of the Constitution, Article 40, paragraph 1 National Health Insurance Act, unconstitutional confirmation 1. The legislative purpose designated medical institutions 2. Mandatory screening criteria Constitutional Court judgment of legislators predicted 3. In the case of this incident, the reason for the stop control of the person who "predict lawmakers judgment 4. whatever designated contract I choose to specify minimally invasive force is a violation of (passive) 5 does the smallest thing invasive and not also choose to specify (passive) 6. NG violations within the specified range of force, I do not care about you and interfere with the legislative purpose No freedom of the medical profession (activity) 7. violated, if you keep the mandatory obligations of States related to the exercise of the medical consumer to specify whether the infringement of Article VIII of self-determination (passive) 9. equality (passive) of
41.)2002. 10. 31.Desire to criminal law unconstitutional 304,000,000,000,000 1. illegal excuse of marriage and adultery punishable by necessity 2 chugugwon 304 criminal law punishing adultery applicant's marital happiness Joe excuse either violated the confidentiality of self-determination and freedom from private life (passive), and is a violation of the principle of equality (passive) of
42.)2002. 10. 31.18 special law on paragraph 1 of Article IV of the democratic movement can hope Constitution 4, paragraph 1 5 • Specially designed for the 18 pro-democracy movement and related behaviors or Article 2, stop and reverse the illegal act as prescribed reception guilty, they can charge May 18 democratization movement of certain final retrial judgment (case limited constitutional petition hereinafter referred to as "case law"), there is bujeokbeop by arguing that the court's decision
43.)2002. 9. 19.Seonwonbeop Article 90, paragraph 2, of the Constitution clues desire Law targeting of constitutionality, the referee does not affect jeonjeseong trial judge involved in the case
44.)1991. 11. 25.Constitution such as the right to request an administrative appeal against referee To the disposal of the clerk of the (court affairs officer), etc. (etc.), supplemented by the castle (supplementary) (in penalties) and the Constitution (constitutional complaint)
45.)2002. 9. 19.Cancel APB disposal During the investigation, whether it is private APB disposal is "the exercise of public power, as specified in paragraph 1 of 68 themes of the Constitutional Court Law, the Constitutional determine whether some (negative)
46.)2002. 9. 19.The desire of the Constitution care tax rule 55, paragraph 1, claim Who lived in the house of people continue to guide land as one of the tax provisions of farmland regulatory capital gains tax or special tax in relation to income exempt due, is the amount of land subject to tax rules in more than eight years nongjise land Presidential Decree whether I 55. (1) violation of these principles part of the "presidential Decree land" includes legislation to ban commission
47.)2002. 9. 19.Obtained as claimed in claim 21, para. 1, No. 1, income method, for example, a desire gamok Provisions of the Income Tax Act, taxable II "salaries, wages, maintenance, Chevrolet, wages, bonuses, allowances and other salary due to the similar nature of the reception work provides" within the limits of income tax requirements, please note that, in violation of the clear or not (passive)
48.)2002. 9. 19.65 clues desire Dorobeop requirements of the Constitution, paragraph 1, of the 1. dorobeop required the user to point the way in Article 3 of Article 44, if he should have to bear if the legislator (activity) to determine the cost of construction of the occupying forces dorobeop 2. Article 44 of road users 3 instructions, the use of the sub-construction cost required by the load since the private dorobeop according to claim 65, paragraph 1, resulting in as claimed in claim 37, in the structure of paragraph 2, a predetermined weight limit laws dorobeop claims Article 3 of road users in the range of 44 whether if (negatively) by the excessive cost burden has dorobeop whether a violation of property 3 of Article 65. According to claim 1, wherein, if a violation of the lead character dorobeop equal unreasonable discrimination of claim 3 occupied 44 road (negative)
49.)2002. 9. 19.Article 72 of the sixth Telecommunications Business Act proposals, including the Constitution By who, unless it is Decree by the President to punish by a service provider in the communication or provision of telecom operators parameters provided by others who relate to Article 72 of the Criminal No. 6 other people's communication Telecommunications Business Law (hereinafter referred to as telecommunications whether any one is known as "case law clause") is the opposite of clear principles (active)
50.)2002. 9. 19.Article 16 paragraph 1 of the Pharmaceutical Affairs Law, including constitutional aspirations 1. "hanyaksa or pharmacist or pharmacy can not be opened, said:" 16, paragraph 1, of the regulations career choice drug companies to do the second method, by a pharmacist and a pharmacist, they tried to build and operate a pharmacy to configure company relevance whether the infringement, and whether (the initiative) 2. the above provisions should be retained, if the (strong) 3. unlike other established companies only professional pharmacists freely case the provisions of the law unconstitutional violation of the right to equality by limiting the working word, why concerns lead to more confusion constitution constitutional order is due to leave such a decision than a simple constitution inconsistent decisions on the Constitution
51.)2002. 8. 29.Article 61 of the Constitution of the Income Tax Act desire 1. Whether it is in violation of the provisions of the Constitution which states that the first paragraph of Article 61, paragraph 1, the couple consolidated assets (strong) 3 trial of paragraph 1 of the Constitution of the Income Tax Act, the normative content of article 36 of the 36 taxable in the case of income has also been declared unconstitutional with respect to the connection to the destination specified
52.)2002. 8. 29.Local Public Service Law Article 31 of the Constitution to determine the fifth example 1. Article 25 of the field of public affairs If you have received a safe or more types of probation protected by the Constitution damimgwon 2, Article 61 of the Local Public Service Law, Article 31 of the fifth part in curriculum gongmuwonjik retirement (hereinafter referred to as "events mentioned to the law "), as well as claiming that the infringement of civil servants Article 25 damimgwon status (active)
53.)2002. 8. 29.The method of obtaining VAT as claimed in claim 17, wherein the first call according to claim 17 of a second configuration desire VAT method claim, wherein the second number of the second configuration of the desire 1 1. How to determine whether involving violation of the principles of the delegation 2 of a total ban of the law whether as a description Tax Act principle of input tax deduction poor sanctions impermissible violation of property rights contrary to excess your ban (passive)
54.)2002. 8. 29.According to port 51 of claim 196 units composed of local taxes One recommendation 1. The legislative history ipbeoprye car tax and foreign tax base of the complete displacement of the passenger car tax and local tax regulations (.2 legal nature of the tax base 5 12/29/2000 6312 law vehicle tax brackets revised based on whether you nine former) Article 196 referred to as No. 1 (hereinafter referred to as "case law clause") is a violation of the constitutional guarantee of equal property rights or tax regulations (passive)
55.)1991. 11. 25.The Constitution of the right to work in public schools Teaching with three member appeal 1. The Constitution of legal claims complementary (supplementary) and direct (directness) requirements (requirement) 2. Law (law) petition (constitutional petition) of (constitutional petition) to (legal) period (request period)
56.)2002. 8. 29.Under section 51 shown in programming as claimed in claim 1, characterized in that, to make this configuration No. 3 1. Correlation and current for the fundamental relationships to identify directly related to whether the infringement 2. The first, the second, third general category R (hereinafter, however, it is only as a "general house"), semi-residential , jungongeop spheres are defined, so that it can not be built Danran wine (former presidential order version number 171112001 1. 27. fenugreek), paragraph 1, No. 3 to No. 6, 13, 51 and city programming article Act, each "Danran pub 'part ban is a violation of the principle of freedom of occupation of excessive violations of the applicant, and whether property rights (passive)
57.)2002. 8. 29.Semusabeop checking the constitutionality of Article V 1. that period of reprieve next year after the company terminated so semusabeop take the exam for accountants did not have either free (passive) infringement 2 through this part of the anti-occupation parties choose the second Article 5 Article 4 Article 6 The above legal provisions contrary to the principle of equality if (passive)
58.)2002. 8. 29.Law provisions of Article 58, paragraph 2, local educational autonomy (Table 2) confirm this unconstitutional 1. Whether it is charged to protect the rights of members of the constitutional rights of the panel judges, or 2. If the (passive), may represent its members (passive) 3 repeal the provisions of the Constitution to determine charges. Whether or not violations of equal value and adjust the group's Board of Education election Jeonbuk Regional Office of Education as one of the layout of the vote in some areas or areas belonging to violate the spirit of the Constitution, is to ensure the independence of local government and education system (negative)
59.)2002. 8. 29.The first part of the championship checking unconstitutional call gamok the Waste Management Act Enforcement Rules Annex VI, such as stents Reducing the scope of corporate emissions of each of its design collection and waste transportation when, in gamok and namok only Waste Management Enforcement Act Rules Appendix title VI, 1 from the collection and range transportation business premises waste does not include workplace saenghwalgye waste whether brackets ( principle components hereinafter referred to as "the incident, the referee target area") breach of trust protection (passive)
60.)2002. 7. 18.The average wage, found unconstitutional omission OK 1. With regard to public power 2. Even if the billing cycle subjective rights he does not benefit bulhaengsa infringement or repeated similar constitutional fundamental rights to safeguard the constitutional order of explanation of the risks constitutional complaint, customers have you seen a lot of sense recognition petition profit 3.2 Minister of labor and lead workers' compensation insurance law labor standards Act No. 4 of Decree was appointed special circumstances are not notified about the average wages of the fourth missing Joe, if the applicant establish whether or not a violation of the Constitution is a fundamental violation of the rights of the (active)
61.)2002. 7. 18.Banners and demolition undo 1. Case recognized exception to the principle 2. Supplementary case decision on "what is the behavior of potential congressional district nomination, the applicant publish banner lawyer colleagues announced the behavior of free legal advice is that the pre-election campaign," the presence or absence of problems, the Constitution the interests of protecting the rights of
62.)2002. 7. 18.171 civil action sleeve 2, wherein the second structure aspirations Whether the infringement of rights, the Code of Civil Procedure Article 171, paragraph fair trial, before passing to the place of delivery, if the parties do not file reports of the trial to change the place of delivery of registered mail (passive)
63.)2002. 7. 18.According to the type of abuse of dominant position and unfair trade practices and news, as set forth in claim 1 of the Constitution confirm that Article 3 1. Free flow of newspapers and giveaways during the year to provide basic rights from the relevant provisions to argue whether a violation of (negative) 2 self newsstand newspaper readers contractor or newsstand newspaper subscribers self-limiting behavior published constitutionality if the combined value over the same period provided payment from the art of the audience praised the newspaper is to provide the equivalent of 20% of payment Article 23 certain unfair trade practices monopoly Regulation and fair Trade Act and gifts such as complimentary newspapers and a news current behavior of unfair trade practice, and the type and level of abuse of dominant market position (fair Trade Commission notification No. 2001-7, hereinafter referred to as "sinmungo City"), commissioned by the legislation and No. 2 3, paragraph 1 is in place beyond any constitutional constitutional range (passive) 3. when the base to be viewed as limiting the properties of an excess of the prohibition of the violation, the above-described constitution or sinmungo Article 1 Article 2 119 37 whether the present constitution constitutional violation identified the first free economic order (passive)
64.)2002. 7. 18.Water video game ratings and Article 3, paragraph 4 clues record, confirmed these laws unconstitutional 1. The classification of shopping centers registered on the game's kwippeu cement and other gaming laws, regulations and legal nature allows operators to record six months, within the video game ratings and product range supplier accepts supervision of 3 4 second lead of game levels . Law (passive) freedom 3. The above provisions against property rights regardless of whether the above provisions, the legislation violated professional (passive) 4. above provisions violated the law on equal rights or not (passive)
65.)2002. 7. 18.Excess body search confirmed unconstitutional 1. Precision Physical searched the Constitutional Court to verify whether the respondent is in possession of the applicant, and dangerous weapons hidden banned the import of goods, including the acceptance of the procedure of Article 68 of the Act police arrested the applicant's cell 1 is (strongly ) corresponds to a public power 2. protest cases admitted to exercise the termination of the infringement, even though the theme profits constitutional petition 3. respondent's underwear, and display the cause of the claim, including the police and whether it is due to sit down with and underwear three knee ileoseoge lower position until the next violation of the rights of an oligonucleotide substantially lateral manner petition physical search (active) accuracy
66.)1991. 11. 25.Acupuncture doctors' qualifications on the constitutional petition Under the circumstances, the Constitution (petition) is bujeokbeop (does not apply to law) for legislative omissions (legislative omission) (Case)
67.)2002. 7. 18.Official Methods Article 64, paragraph 3, of the Constitution hope 1. A clearly apply to government officials is a violation of the principle of property rights of retirement pay is a violation of the limit applicable to the cause of the (strong) 2. The reason the case law of retirement provisions of the Act Article 64 3 (activity) 3. If the violation the principle of equality applies to the incident by law-retired (activities) 4. state (after passive case law, this provision violates the principles of due process and the principle of reason to prohibit double punishment)
68.)2002. 6. 27.Legislation, including the Constitution to check the power industry restructuring, accelerate Korea Electric Power Corporation Act of laws on power industry, the competitive environment and the promotion of content electrical work on restructuring maintenance information, simplifying the Korea Electric Power Corporation employees, violations of the fundamental rights of both union members and consumers of electricity in the process of splitting the applicant autocorrelation (passive)
69.)2002. 6. 27.Cancel Clear handle unfair trade practices 1. Whether the process, the Commission cleared the disposal exercise of public authority, is the subject of the constitutional complaint (strongly) 2. Trade Commission dismissed the complaint hole hayeotdago not infringe the right to clean up the disposal of the applicant
70.)2002. 6. 27.District officials and school staff private medical insurance Whether the violation and medical insurance agencies cancel civil servants and private school teachers health insurance law, which provides for Article 34, first paragraph of Article 75 of the Constitution, Article 95 (strong)
71.)2002. 6. 27.National Technical Qualification Law 2 12 recommended "through a period of Presidential Decree" Constitution Is there a national delegate scope of the suspension during the qualification process Joe technical qualifications, paragraph 2 to suspend the Presidential Decree No. 12, technical qualifications, if the holder violates Article 75 of the Constitution delegated the ban covers the legislative principles of (activity)
72.)2002. 6. 27.Income method of claim 31, obtained the first three wishes Constitution A tax calculation to determine the cost to make the necessary changes Presidential Decree (before 22/12/1994 will be devoted to revise Law No. 4803 arc) Article 31, paragraph 3 ( "Case law provisions") conflict is whether the principle of tax law: Contains or commission prohibited by law (passive)
73.)2002. 6. 27.88, paragraph 1, of the Constitution aspirations income tax claims 1. Taxable capital gains tax, if the first paragraph of Article 88 which establishes the concept of "transfer" is clearly contrary to the requirements of the principle of tax or not (passive) 2. Income Tax Act from the meridian above provisions do not accept any cash as collateral funded by investigators is contrary not separate from the principle of tax equality or not (passive)
74.)2002. 6. 27.Article 53 of the Telecommunications Business Act, as determined by the Constitution 1. Hi principles of public telecommunications services in Article 53 of the Act prohibits the clarity of communication in violation of the first paragraph of whether the content of the first to weaken public order or Gonggongdaode Telecommunications Business Act (activity) the first paragraph of Article 253 prohibits excessive if (strongly) 3. violation of public order or violate farewell whether communication is recognized as the principle theme of the moral law hurt like you to forward in the second to cover the presidential decree prohibited (radical) 4 53 trillion in principle granted legislative term. Order or public information with respect to communication Communication Minister destroy the definition of morality, so that carriers can be ordered to refuse to stop or limit the processing section 53, paragraph 3, and the same legal method according to delegate the definition of communication 2 Article 53 was accepted as damage yangsok public order or breeze hi decree sixteenth Joe constitutes the (positive)
75.)2002. 6. 27.Property junggaeeopbeop Article 15 unconstitutional, including confirmation 1. Professional real estate brokerage court fee system release mechanism violations of freedom that allows real estate agents to help prevent and exceeding the limit of a commission to establish the Act, may be in contravention of administrative or criminal penalties, whether or not (passive) 2. Real estate brokerage litigation fee system is an infringement of the right to equality (passive) 3. junggaeeopbeop commissioned real estate brokers real estate commission to determine to what extent Article 20 of the regulations on Jianshe Bu and transportation expenses of the third legislative term of whether it is constitutional overrun provision (negative)
76.)2002. 6. 27.Group Criminal Law Article 92 of the Constitution of desire 1. whether the "other person who is subject to harassment quarter one year or less of imprisonment." Section provides a set of article 92 of the Criminal Code, and other harassment, "a clear violation of the principles of criminal law (passive) 2. Military Penal Code whether such violation of article 92 of the extra "harassment" section of ban constitutional principles (negative)
77.)1991. 11. 25.On local tax laws unconstitutional Article 31 trial 1. Local Tax (Local Tax Law) Article 31 of the Constitution (unconstitutional) whether the part of Article 2, paragraph 2 (part) "1 year" triple call unconstitutional (unconstitutional) the upper part of the results (article) the third paragraph Independent (Independent) (case) 3 cases (change status changes) in front of reasons (front) (improvement) in the case put forward by no means (mean survival (survival)), and an unconstitutional decision (unconstitutional declared) against (opposition dissent) individual feedback (do not transit opinion) submitted (tips) are (cases) who
78.)2002. 5. 30.Article IX law developed yiikhwan 1. This is the time imposed by the development costs begins, not when the project began, "received the application, including the development of the working day," the cost estimation process results in the interests of development interests imposed targets for inhibition by tangible entrusted to (passive) 2. is "receipt of the application, including the development of the working day," the presidential decree violated property rights or equal rights or not (passive) admit comprehensive information on the delegation of
79.)2002. 5. 30.The desire to obtain income tax under section 45 of the Constitution, 1. Decree old Income Tax Law Article 94, as well as real-time and other law enforcement regulations (passive) whether the petition unconstitutional equipped to ensure that article 47 of the constitutional petition of 2. DC Income Tax Law Article 45 Clause 1 on this basis must include payment excessive land ownership laws and the constitutionality of part of the group contribution activities necessary expenditures declared unconstitutional decision (passive)
80.)2002. 5. 30.According to claim 13, wherein said first method desire VAT third structure 1. If you unreasonably low prices have been "unjustly obtain lower prices," he is a good or service provided by Article 13 of the old standard VAT VAT Act, that section, paragraph 1 ( "This Terms of the market value of the event ") tax provisions, a clear violation of the attention or not (passive) the right to 2. the provisions in this case violated equality, including whether (passive)
81.)2002. 5. 30.118 paragraph 1 of the Civil Procedure Law, including constitutional aspirations 1. Lack of Constitutional Court within the scope of the purpose for which is not recommended by the Constitutional Court rules whether laws rejected defined in paragraph 2 of the Code of Civil Procedure 2. Procedure magnetic structure of Article 68 of the Constitution legitimate (negative) whether the infringement of the right to trial the (funny)
82.)2002. 5. 30.Jijeokbeop according to claim 28, wherein said second row structure 1. intelligence jijeokbeop regulations allow only a non-profit organization on behalf of the investigation Article 41, paragraph 1 (hereinafter referred to as "case law clause") violated the principle of prohibition has been infringed because of the extra work is the provision of case law 2. Basic rights whether (the initiative) 3. the law of events, decision of the constitutional inconsistent, and the reason for an interim order
83.)2002. 5. 30.Article 74 get Telecommunications Business Act, such as the constitutional aspirations A person telecom operators use to provide telecommunications services or Article 32 of a telecommunications law, the punishment of crime who communicate with other users 2 and 74 offer is not such a presidential decree to provide parameters to other users products (hereinafter communication referred to as "case law clause"), whether the principle of the principle of legality definition contrary to deviate from the law delegated exported, and whether or not (actively)
84.)2002. 4. 25.Financial Supervisory Commission ordered to determine unconstitutional Whether the Financial Supervisory Service employee, if eligible applicants consider the constitutionality of the Financial Supervisory Commission ordered the establishment of the organization and the Financial Supervisory Commission admits Garden (passive)
85.)2002. 4. 25.One-time application pause 1. The identity of the accused soldiers or redemption by the military criminal law military law to extend the detention period and 239 first paragraph of Law No. 242 trillion Junshifating case in more than 10 days of police investigation stage effect permitted by the decision that it must stop once 2. in the confirmation of a one-time constitutional complaint judge to obtain unconstitutional legislation to stop depending on legislation limiting the effect Junshifating 3. how to share something about hearing excellent visit detainees twice lagoon decision of the Criminal Law Act No. 43 if required to stop the body 2 acting in a disposable distal portion (active)
86.)2002. 4. 25.Paragraph 1, VAT Method No. 10 constituted the desired 12 obtained as claimed in claim Article 12 1. The VAT Tax District No. 10 Article 1 (before 12/29/2000 Act 6305 will be amended fenugreek "legal," said) "the provisions of Presidential Decree of insurance services" is exempt comply with the "insurance" means is not clear, a clear violation of the tax claim concerns whether the (negative) 2. Baoxiangongsi and insurance are the same survey, and if a separate entity insurance investigator services, including value-added tax if it targets violation of tax egalitarian, if you direct execution Baoxiangongsi services must be exempt from VAT (passive)
87.)2002. 4. 25.Such configuration check Gyeongbieopbeop claimed in claim 8 according to claim 7, wherein said 1. How to tell if you are in one of several fundamental rights, also claimed that due to regulatory restrictions and qualifications 2. Freedom objective reasons unrelated parties and ability, limited screening measures 3 gyeongbieop as a professional department of the applicant's ban gyeomyoung seven gyeongbieop and other gyeongbieopbeop who should be allowed to run party or hope that other sectors of the management of people into new gyeongbieop not establish a separate legal entity, 8, Article 19, paragraph 1, No. 3 gyeongbieop specialized units, whether the failure to comply excessive restrictions prohibited in principle in Annex 4 Joe unconstitutional freelance constitutional scope (activities)
88.)1991. 9. 16.The basic system of constitutional right of appeal limited 1. The Constitution (constitutional complaint) legal (law) qualifications (eligibility) 2. Constitutional Court (Constitutional Court) launched (hair foot) rights (fundamental rights) due to the transfer of public powers (public power) violations (violation) gisanjeom (Constitution determines the starting point) (constitutional petition trials) billing cycle (request period), for
89.)2002. 4. 25.230 Election Act and Election Office 1. whether to provide clear principles involving violations of the electoral behavior of punishment benefits the principle of legality (passive) 2. public election, the electoral law in Article 230, paragraph 1, of the Act and Article 1354 whether it is contrary to the relevant stakeholders to provide surplus prohibition of (passive) three election protest crime
90.)2002. 4. 25.Unconstitutional invention, including confirmation of the article 34 1. Whether the same time or a utility model registration fee paid for non-payment utility model registration fee grace period for a period of six months in practice destroyed only nine no remedial measures after the new Law No. 34 Joe infringement of intellectual property rights ( passive) 2. the above provisions, whether or not in violation of the principles of due process (passive)
91.)2002. 4. 25.Civil Procedure 99 sets of two constitutional aspiration 1. infringement litigation costs within the scope of both the cost of the losing party into legislators 2. lawyer in the Legislative hyeongseonggwon claims court plaintiff's litigation costs (passive) fee
92.)2002. 4. 25.Castle Youth Protection Act 1. Youth Protection Act Castle (February 3, 2000 to Law No. 6261 enacted the arc. Is hereinafter referred to as "case law ') Article 2, Article 3 and 8 of the first paragraph of technology crime in fact, a person appeal upheld the trial can not apply jeonjeseong case 2. interpretation of Article 2 of this case law, Article 3 and 8 youth porn use "set out in paragraph 1, the principle of legality if every legal provision (negative) violation section 2, No. 3 and case law state 3. (passive) 4 Article 2 of law case 8, on a first 3 and expression No. free section 8 of the first penalties due infringement whether extent too harsh infringe or violate the principle of equality, liberty and the pursuit of happiness (passive)
93.)2002. 4. 25.Get 78, paragraph 1 traffic law (Previously, the Act on January 26, 2001, revised 6392 arc), then thought someone give the necessary relief measures, the Road Traffic Act, which specifies when the business license of a car accident, the law can not pilyojeok report will be cancel 78 (hereinafter referred to as "case law provisions") leads No. 12 the first violation of the prohibition of excessive violations of freedom of choice and the principle of the pursuit of happiness or not (passive) in career
94.)2002. 4. 25.Article 14 of the Constitution on compliance with commitments and similar inspection of parole to claim 2, wherein in the Constitution 1. Whether it is (negative), whether or not involving national security law violations committed and parole meetings and 14 of the law-abiding Joe pledge in the content area of ​​conscience submitted on determining compliance with the demonstration 2 criminal prisoners on parole commitment to this case, either way is an infringement of conscience compel compliance with commitments (passive) 3. event pledge rule violation protest the national security Act and the General Assembly and the prisoner's criminal law can only be sworn parole rules of freedom this is not a decision to submit violation of the right to equality as an unreasonable discrimination is against the law or not (passive)
95.)2002. 3. 28.Punitive action to protect victims of sexual offenses and The reason fundamental rights have been violated in the case 1. The law, which occurs corresponds to the back, until law enforcement has been processed by ...... they drop the charges unconstitutional constitutional settlement of two dogwa confirm dereference determine the order of 2 euros when the petition is filed in the form of a case of obtaining the defendant during dogwa will be recognized as valid ...... decline disposal inspection
96.)2002. 3. 28.The claim adjustment method in a 67, paragraph 1, including constitutional aspirations Creditors higher than collecting company seize command enterprises Reorganization Act reorganized debtor company, while trying to get a collection against the garnishee order were seized collect gold proceedings disclose whether Article 67 under section 6 of the third bond debtor's debtor cancellation of clear when the decision is confirmed, the constitutional petition to obtain the above constitutional provisions have to collect gold proceedings against the above companies reorganization Act jeonjeseong (passive) confirm
97.)2002. 3. 28.Yeogwonbeop obtained according to claim 8, paragraph 1, wishes fifth configuration As the case of damage, the lawsuit artistic activity has delayed issuing passports, the provisions on the basis of passport jeonjeseong trial might argue the issue of the unconstitutional denial is difficult to admit that in this case,
98.)2002. 3. 28.Article 107 of the district local tax laws, including the constitution of desire Whether it is due to the limited constitutional right not to consider the law unconstitutional itself (passive)
99.)1991. 9. 16.Article 16 of the law on a regular basis publications for log, about 3 above the Constitution of Article 19 unconstitutional or not appeal to paragraph 3 1. Calibration reported on claim 2 Registration journal (publications for essence) (log) of the (revised reports the Right) Law (Law) characteristic (property) and significance of the constitution (the constitution) (sense) law (law) whether Article 16, paragraph 3, article 19, paragraph 3 of the Constitution (unconstitutional)
100.)2002. 3. 28.The desire to get to claim 7, Article 111 of the local tax, which the Constitution Whether it is in violation of the acquisition value of the tax base, or the price of a total ban on soft money enabling legislation Article 111 of a local tax laws, in order to establish the scope and timing related get Principle VII of the Presidential Decree (passive)
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