기본권의 성격 - 주관적 성격과 객관적 성격

A theory of 'Characters of Fundamental Rights' is seeking to find an answer, what is the Fundamental Rights, what is the nature and function of the Fundamental Rights. The Character of Fundamental Rights consists of the subjective character and the objective character. The subjective character turns up, when that fundamental rights are considered from the viewpoint 'I'. Having a good look at this character, fundamental rights are 'rights' that individuals as constituents of the state retain. As a result, fundamental rights are interests as well as grounds of claim in the constitutional law. The objective character turns up, when that fundamental rights are considered from the viewpoint 'We'. From this viewpoint, fundamental rights are tasks that every state organ and member of state should do. Someone is in the negative to this character. However, the subjective and the objective character are bound up each other. Then, the so called double-character of fundamental rights is supported by the majority. Many problems will arise, otherwise either the subjective or the objective is valued evenly. Accordingly, inter-subjectivity should be maintained in the way of the fundamental rights' actualizing. By the way, many scholars are trying to make this dualism into monism. Needless to say, this monism can be divided into many types. Which type should be accepted? This question is one of the urgent problems that we must solve.