“헌법에 열거되지 아니한 국민의 자유와 권리”에 관한 체계적 고찰

This paper investigates problems concerning the freedom of the people unenumerated in the constitution which is shown in article 37, section 1. This unenumerated freedom of the people is based on adifference from right of the people which is also found in article37,section1. The former herein dicates a newproduct of fundamental rights, and the latter indicates materialization of fundamental rights. This classification may bring actual benefits in several spheres. More specifically, this paper points out such benefits from the foundation and the scope of the form of fundamental rights. Based on these different notions, the purpose of this paper is to discuss constitutional problems related to freedom of the people which is note numerated in the constitution. Though freedom of the people is not individually listed in the constitution, because it is a constitutional right it is necessary to make an effort to prove the constitutional foundation in order that it plays a role as a constitutional right. As its practical solution, this paper explicitly presents the constitutional foundation from article10, paragraph 1 and 2, and article 37, section 1. In addition, it presents contents of rights and situational conditions for becoming constitutional rights. Such constitutional benefits which satisfy the foundation and the conditions may become freedom of the people, which can also me an rights protected by the constitution. That is, it is restricted by article 37, section 2 and has a fulllegal effect which is the same as fundamental rights regulated in the constitution.