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State Obligation to Confirm and Protect Fundamental Rightsin Article 10, Paragraph 2, of Korean Constitution

  • Public Land Law Review
  • Abbr : KPLLR
  • 2011, 53(), pp.331-353
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Hwan Myoung Pyo 1

1제주대학교

Accredited

ABSTRACT

This paper investigates problems concerning the interpretation of the Constitution related to Article 10, Paragraph 2, of Korean Constitution, which regulates both confirmation obligation for and state obligation for Fundamental Rights assured by the Constitution. But, it has simply been focused on an integrated state’s obligation to protect the fundamental human rights. That is, this shows that as types of obligations for fundamental human rights, confirmation and protection are the same. However, confirmation obligation and protection obligation regulated in article 10, paragraph 2, of Constitution are based on different performance levels and control standard of state obligation as well as different targets. Therefore, this paper tries to categorize a range of between Fundamental Right assured under the Constitution and one not regulated under the Constitution. At this point, the following two questions are indicated in this paper: First, how can Fundamental Right not regulated under the Constitution be identified? Second, how can the unregulated Fundamental Right have constitutional effects?Moreover, this paper discusses three other subquestionsrelated to sate obligation to protect Fundamental Right: How are the boundaries for Fundamental Right protected by state decided?; What are the means and methods in order to protect Fundamental Right assured by state, along with public and private laws?; and How can constitutional court control them? In short, with respect to Article 10, paragraph 2, of Korean Constitution, this paper is to systematically interpret it.

Citation status

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