제3기 헌법재판소 평등권에 관한 판결 성향 분석

Equal protetctive right means essentically same thing should be treated as same and different thing should be treated as different. In korea Constitution article eleven says "All citizens shall be equal before the law, and there shall be no discrimination in political, economic, social or cultural life on account of sex, religion or social status". This term is principle of general equal, and the other things are principle of separate equal. There are so many equal protective right cases in Constitution Court. Constitution Court use different prohibit and strict scrutiny in Judical review on equal right. However, in fact, Constitution Court use mix two concepts. Also, they don't clearly express between two concepts. In the future, They first all must constitute concept of equal right terms and differ each concepts.