직업의 자유의 보장을 위한 인허가제도의 운영방향

Occupational freedom is a necessary fundamental right for members of a society to realize income and maintain their living. In fact, there is an intense competition within the society for employment in prestigious occupations with great financial rewards. In regard to this, the state places regulatory measures such as occupational licensing and business licensing to control occupational freedom. Occupational licensing exists to limit occupational freedom, whereas business licensing functions to restrict the exercise of occupational freedom. It should be noted that even when one has been allowed options through occupational licensing, one should still receive a business license in order to enact business activities. On the other hand, business licensing, which is a regulatory measure against occupational freedom that comes from Art.15 and controllable through Art.37 Sec.2 should be placed into consideration along with Art.119 & Art.123 in practice. The reason for that is Art.119 and Art.123 are order and limit in oder to protect the occupational freedom. Especially, Art.119 Sec.2 & Art.123 are the concrete contents of maintenance of law and order or public welfare of Art.37 Sec.2. Overall, it can be safely said that the Constitutional Court of Korea takes a right direction in making the decision regarding the protection of occupational freedom; it is so in that the Court has overruled against only the extreme matters based on the acknowledgement of legislative discretion designated by the Congress.