우리 나라 공법상 쟁송에서의 위헌․위법 통제 ― 몇 가지 사례를 중심으로 ―

Judicial review on constitutionality of legislative act should be conducted only after the judicial review of the constitutionality or legality of administrative decrees, regulations or actions, when it is possible to do. In addition, it is important to remind that not only Constitutional Court but also Supreme Court should conduct judicial review on constitutionality of legislative act. This is what the Articles 106 (1), 111 (1) (i) and (v) of Korean Constitution and Article of 68 (2) of Constitutional Court Act actually pursue. On the other hand, it is important to note that the unity of normative decision is the a prioi principle which supreme judiciary organ must pursue. However, current practice in which Constitutional Court and Supreme Court separately and independently conducts judicial review hinders the unity of normative constitutional decision. As article 107 (2) of Korean Constitution clearly stipulates, it is Supreme Court which has “the power to make a final review.”Although it is true that both Supreme Court and Constitutional Court should protect human rights of Korean citizens, we need to check out if there is any inefficiency of judicial review procedures resulted from the unnecessary overlap between the jurisdiction of Constitutional Court and that of Supreme Court. From this point of view, this article critically reviews the recent four decisions by Constitutional Court.