현행헌법상 기본권보장체계의 구조적 문제와 개정방향

The 9th revision constitutional law that has been revised since 1948 prescribes the right and obligation of people in chapter 2. There are fundamental rights which prescribes from Art. 10 to Art. 36 in chapter 2. Constitutional law has the provision for the their guarantee. That is Art. 10. In constitutional law is there also the provision on the restriction of fundamental right. That is article 37 section 2. These system in constitutional law has the following structural problems.:first, are the term 'fundamental right' and 'right for people in chapter 2 the same right?. Second, there is the problem, whether the fundamental right that is restricted by article 37 section 2 includes only liberty right, or not. Third, there is the problem, whether the principle for judging criteria of article 37 section 2 is applied to the law for form of fundamental right which is different from the law of the restriction of fundamental right in constitutional law. This paper presents the following revision of constitutional law as the way for the resolution of these systematic problems.: First, the term 'the right of people' in Chapter 2 has to revise as 'the liberty and right of people' or 'fundamental right. Second, the all rights of people in article 37 section 2 has to revise as 'the liberty of people'. The principle 'exessive restriction prohibit' is applied only to the law for the restriction of the liberty of people. For the law for form the fundamental right in constitutional law has another principle to be applied. The as above revision for constitutional law is possible from the basic premise, not 'the constitutional law for country' but ' the constitutional law for people or fundamental right.