憲法訴願과 公訴時效에 관한 考察

• 영문명: The Constitutional Recourse and the Prescription of Prosecution - On study through cases of the Court for the Constitutional Law -
• 발행기관: 원광대학교 법학연구소
• 저자명: 김강운(Kim Kang-Woon)
• 간행물 정보: 『법학연구』제13집, 197~215쪽, 전체 19쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 1995.01.25

영문 초록

The Constitutional Recourse is a finally specific procedure for remedy of rights through bringing a lawsuit to the Court for the Constitutional Law when the nation’s constitutional rights had been infringed by government power. This system are initially introduced in the current constitutional law. The Constitutional Recourse consists of the judgement of the Constitutional Law and that cases of the Court are overwhelmingly than others in guality, and that its meanings for the existence are great among affairs taken charge of the Court for the Constitutional Law, because the Constitutional Recourse is a direct means for remedy to the protection of the fundamental rights. That is, The Court for the Constitutional Law takes charges of the judgement about a constitutional recourse prescribed by laws that have been regulated in Article 111. Section 1. (5) of Constitutional Law. According to this, it has been regulated in Article 68. Section 1 of the law of The Court for the Constitutional Law that a nation can claimed the judgement of Constitutional Recours to the Court for the Constitutional Law excepting judgement of court when a constitutionally guranteed fundamental rights are infringed by the exercise - non exercise of government power and in Article 68. Section 2 of the law of the Court for the Constitutional Law, that an applicant can claimed the judgement of Constitutional Recours to the Court for the Constitutional Law when a application of the judgement of the whether or not about a law’s violation of the constitutional law has been dismissed. Accordingly, under ours current leagal systems, two types are a Constitutional Recourse for remedy of rights and for judgement about a violation of the constitutional law. In my thesis, I do a general consideration about the Constitutional Recourse and then investigate the whether or not that dispositions of unfair, arbitrary non-prosecution of prosecutors have become the subjects for the judgement of a Constitutional Recourse through cases of the Court for the Constitutional Law. If the disposition of non-prosecution become the subjects for, how the claim of the judgement of a Constitutional Recourse to the Court for the Constitutional Law effects on the prescription of prosecution about suspected charges that are become the subjects for a disposition of non-prosecution. In order To treat the questions, I investigate the changes and transition of cases of the Court for the Constitutional Law. And then, I have solved this questions in my own way.

목차

Ⅰ. 문제의 제기

Ⅱ. 憲法訴願에 대한 一般的인 考察

Ⅲ. 憲法訴願의 대상으로서의 不起訴處分

Ⅳ. 헌법소원과 공소시효

Ⅴ. 結

參考文獻

SUMMARY