부칙(附則) 연구- 그 체계적 시론 -

Every written law includes so called ‘addenda’ besides ‘major part of the respective law’. The addenda regulate quite diverse contents and are composed of various forms according to the contexts, but they are always located in the ‘end’ of the code as an independent part, consequently have not been in the middle of ‘academic’ interest. The scholarly energies are also focused just on the interpretation of ‘major’ part of the code. Very few arguments about them are confined to interpretations on some provisons of ‘addenda’. A systematic study on addenda was hardly to find. So this article would like to try to conduct a systematic study on them and especially reveal a normative meaning of addenda. Beginning with analysing a series of related cases (II), it compares addenda with the major part (III). And it describes furthermore the diversity of them from the perspective of comparative law (IV). The main concern of this article will be to develop some criteria on how to legislate addenda (V). One of them would be that the principal prohibition of enactment with retroactive effects is also to be applied to addenda and the principle of protection of legitimate expectation and right to equality as well. The handled cases related to addenda are selected mostly from the ‘code’.