국가임무의 수행방법과 직업의 자유 - 대상결정 : 헌법재판소 2007. 6. 28. 2004헌마262 -

The legislative adoption of a national direct management system for the cadastral survey limits people’s occupational freedom. Nevertheless, cadastral survey work is a state duty, and it is constitutional for a country to carry out state affairs independently; thus, it cannot be viewed as a violation of the Constitution—specifically, an infringement upon the occupational freedom guaranteed by Article 15 of the Constitution. However, the legal provision of this case restricts the scope of cadastral surveyors’ duties; they are permitted to carry out only numerical and not graphical measurement, whereas Korea Cadastral Survey Corporation is allowed to implement both types of measurements. The issue of whether this restriction violates the occupational freedom of cadastral surveyors was raised, and after considering the case, the Constitutional Court of Korea judged the restriction to be a violation of the Constitution. The decision will argue that this is a ‘leading case’ that holds significance as a precedent with regard to the relationship between freedom of occupation and the state’s method of task implementation. Therefore, this decision can be regarded as the Constitutional Court’s most valid and appropriate precedent for judging the unconstitutionality of the ‘revised legal plan regarding laws on measurement/channel investigation of the cadastral survey,’ along with other laws and bills related to methods of carrying out state duties. Moreover, the decision has significant implications for the formation of legislation, particularly regarding the scope of duties that must be considered when opening cadastral survey work to various nongovernmental domains.