평등권의 대사인효와 그 구체적 적용방식:일반조항 해석과 관련하여

These days, the expansion and empowerment of the social sector bring about an increase in private discrimination. Therefore, preventing the state from violating equal right of individuals can no longer guarantee the constitutional right of equality on its own. It gives rise to the necessity of constitutional equal protection to keep private individuals free from private discrimination, that is horizontal effect of equality rights. Still, ensuring the constitutional rights of equality in the private sphere can cause a clash against the private autonomy and right of liberty. Hence, it is needed to differentiate the degree of equality protection and way in which equality protection is applied in the private sphere from those in the public sphere. The constitutional right of equality in the private sphere, is applied in a different way compared with that in the public sphere. Under the horizontal effect theory, private discriminations are judged by statutes in accordance with the constitution and, if needed, general clauses of civil law are used to apply constitutional rights in private relations. As an exception, the constitutional right of equality can be directly applied to private relations only if general clauses are not available, the discriminative action exceeds the limit of private autonomy and the discrimination infringes constitutional equality seriously.