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請求權的 基本權에 關한 硏究 : 關係法律의 憲法精神에의 接近 An Approach to the Constitutional Spirit of the Related Laws
陸鍾洙 忠南大學校 1971 論文集 Vol.10 No.-
To systematiize the Constitution for the guarantee of human rights is a common phenomenon modern Constitutions have. Chapter Ⅱ in Constitution has many regulations to guarantee the fundamental human rights. Especially it has regulations for the fundamental rights. Formerly the fundamental rights to petition was illustrated as one of the benefit rights but today it is a common opinion of scholars that the fundamental rights for existence and the fundamental rights to petition must be classified and illustrated. There are petition rights(Article 23), trial demand rights (Article 24), the criminal compensation rights (Article 25), state indemnity demand rights(Article 26) in demand rights of our Constitution. A lot of laws to concretely actualize demand rights which our Constitution guarantees were established, criminal compensation law, state indemnity law etc. As many laws of these, however, have the regulations which run counter to the spirit of our Constitution, it has forced sacrifice to the people, so we cannot overlook unconstitutionality losing the original meaning of the systematic guarantee. Accordingly the points at issue were instituted, examining all the laws concerned in the demand rights and an alternative plan was presented for the readjustment of the related laws. Even though the laws that force the individual sacrifces have been solved by the case law, they clearly run counter to the spirit of human rights. I should like to emphasize that this is the short cut to the sound development of law system as well as the fundamental spirit of laws, human soverignty and value.