헌법상 평등심사기준에 관한 연구 - 미 연방대법원과 한국의 헌법재판소를 중심으로 -

“All citizens are equal before the law,” the principle of equality of means is one of the common humanity of today beopwonri. In addition, the principle of equality is an objective law principles while subjective rights of the individual as the supreme principle of our constitutional guarantees of fundamental rights of the people. The constitutional principle of equality principle means that the relative equality but, depending on the application area can vary in the degree to which demand for equality. The distinction between equality and inequality is not derived directly from the principle of equality, needs work called ‘evaluation’ and ‘assessment’ generally have the same meaning as the “Judging Criteria”. The Constitutional Court against such screening criteria we have to apply the ‘party prohibition principle’ and ‘proportionality principle’ double standards of review, “essentially arbitrarily treated differently to the same or essentially the same as that for arbitrarily handling other it” is absolutely not allowed to look at (Prohibition party principles), the Constitution requires that the individual has been noted in the review of the equality clause of proportionality between the purpose and method of meeting (proportionality principle). The Constitutional Court was made a constant effort to establish a positive attitude Possession of a standard screening examination in equality since the founding early look at the equality screening criteria of the Constitutional Court in the meantime by the German Federal Constitutional Court and the Supreme Court of the United States, such as equality screening criteria who appear to have a significant impact in 1999, two soldiers won the Hopwood equality screening criteria established by the case of the German federal Constitutional Court or the Supreme Court of the United States of America and the screening criteria can be clearly understood that a differentiated basis. The equality screening criteria of the Constitutional Court, the Constitutional Court is considered as part of the process of the Directions of the third match in our Constitution and history, culture and value system will have great significance. However, the Constitutional Court will need to find an alternative to the many criticisms and problems pointed out that during the same screening criteria in respect of equality screening criteria established by the Hopwood case is thought to veterans. Issues of equality screening criteria to the end shall be accessible from several perspectives, including basically a blend of democracy and the constitutional court, the proper role of the Constitutional Court, the Constitutional Court to the question of whether Congress and government agency representatives how to respect the judgment of the people will.