형벌규정에 대한 헌법불합치결정

The constitutional discordance adjudication is a decision form that the constitutional court takes account of legal stability. The constitutional discordance adjudication form has been used in the non-criminal law area. By the way the constitutional court recently used the constitutional discordance adjudication form in the criminal law area. Is it possible for the constitutional court to use the constitutional discordance adjudication form in the criminal law area ? The positive opinions say that it is necessary to maintain the legal stability. On the contrary, the negative opinions say that it is the violation of substantial justice. I think that the constitutional court should not use the constitutional discordance adjudication form in the criminal law area because the substantial justice takes precedence over legal stability in the criminal law area. The legal effect of the constitutional discordance adjudication on criminal provision is the same as the legal effect of the simple unconstitutional decision. Therefore the criminal provision declared unconformable to constitution retroactively loses validity. It is impossible to restrict the retroactive effect by interpretation. The provision of the current Constitutional Court Act that the criminal provision declared unconstitutional lose the validity retroactive to the next day of the decision day in case that the constitutional court had declared the criminal provision constitutional before should be revised because it violates the principle of equality and can't be a justifiable reason restricting the retroactive effect.