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@article{ART002615409},
author={Lee Young Woo},
title={On the Study of Judicial Review for Equal Protection},
journal={Public Land Law Review},
issn={1226-251X},
year={2020},
volume={91},
pages={357-379}

TY - JOUR
AU - Lee Young Woo
TI - On the Study of Judicial Review for Equal Protection
JO - Public Land Law Review
PY - 2020
VL - 91
IS - null
PB - Korean Public Land Law Association
SP - 357
EP - 379
SN - 1226-251X
AB - If the statute restricts fundamental rights, it shall be classified as reasonable, strict, and interim examination under its influence. In the event of restricting privacy, marriage, voting rights, equal rights, or freedom of expression, or other direct freedom segregation, such as racial, ethnic, or foreign discrimination, strict examination sit in the public interest, which is essential for legislative purposes, and the means must be very appropriate for that purpose and there should be no other means to less restrictive fundamental rights in order to achieve that purpose. These requirements must be demonstrated by both the federal government and the state government. Time, place of the exercise of freedom of expression･ In the case of restrictions on methods, an interim examination applies, in which case the legislative purpose must be important, and the means must be significantly related to that purpose. In the case of sex discrimination and extramarital discrimination, interim examinations apply. Other societies ･ In the case of restricting economic fundamental rights, a reasonable examination shall be applied, and the legislative purpose must be appropriate, and the means shall be reasonably relevant to the purpose and usually are done in the case of respecting the legislative right. Accordingly, if the state restricts equal rights by legal discrimination, it is deemed unconstitutional only if the discrimination is purely arbitrary and unprecise, cannot be justified by excessive consequential inequality, and that the parties have demonstrated that there is no reasonable basis for discrimination. And even if freedom of expression is restricted, a reasonable examination applies unless such expression is made in a public forum.
KW - Equal Protection;Judicial Review;Examination criteria;Rational Scrutiny;Strict Scrutiny;Interim Scrutiny
DO -
UR -
ER -

Lee Young Woo. (2020). On the Study of Judicial Review for Equal Protection. Public Land Law Review, 91, 357-379.

Lee Young Woo. 2020, "On the Study of Judicial Review for Equal Protection", Public Land Law Review, vol.91, pp.357-379.

Lee Young Woo "On the Study of Judicial Review for Equal Protection" Public Land Law Review 91 pp.357-379 (2020) : 357.

Lee Young Woo. On the Study of Judicial Review for Equal Protection. 2020; 91 357-379.

Lee Young Woo. "On the Study of Judicial Review for Equal Protection" Public Land Law Review 91(2020) : 357-379.

Lee Young Woo. On the Study of Judicial Review for Equal Protection. Public Land Law Review, 91, 357-379.

Lee Young Woo. On the Study of Judicial Review for Equal Protection. Public Land Law Review. 2020; 91 357-379.

Lee Young Woo. On the Study of Judicial Review for Equal Protection. 2020; 91 357-379.

Lee Young Woo. "On the Study of Judicial Review for Equal Protection" Public Land Law Review 91(2020) : 357-379.