변호사시험 성적 비공개 위헌 사건과 그 공법적 쟁점들

In June 25. 2015. the Constitutional Court of Korea decided that the Korean Bar Examination Act's Provision of non-disclosure grade of bar examination violates the Constitution for infringement on the right to know of climants. In the Constitutional Court's majority opinion about civil right invasion limited the right to know, judges conclude that non-disclosure grade of bar examination does not infringe the freedom of occupation claimants have claimed. But if the grade is disclosed, some constitutional issues can be occurred on positions and occupations of the successful applicants could apply or being attempted already. When applicants apply for civil job as Judgment, there is occurring issue of infringe on the right to hold public office. Also there is problem of an infringement of freedom of occupation choice when applicants try to enter profit-making organization, e.g. Law firm. Duty of the States to protect the basic rights can be issued in these situations. Judge Cho Yong-ho approaches subject of judgment more institutional and embracive not limiting right to know. This approach provide constitutional understanding on position of Law school system and non-disclosure grade of bar examination not limiting issue of private right, on the constitutional order. Regarding subject of judgment, it provides right to know, as well as objective law order the right to hold public office and freedom of occupation choice. This is profitable and lucrative approach on regarding institutional aspect. Our Constitution demands national institution for fair judiciaries and transparent public justice. Nation’s Legal System be made up bar examination making Judge, Prosecutor, and lawyer and Law school system is no exception to this. The main question therefore becomes, what position does have Institutional transparency and fairness that Constitution demand regarding citizen’s civil rights? Rawls, John (1921∼2002) preached to us on the importance of justice, transparency and fairness on social structure in his book, “A Theory of Justice”. The ‘cooperative’ rule of law emphasizes transparent of public operating system, suggesting principle of ‘the effectiveness control standard’. Regarding duty of the State to protect the basic rights, the effectiveness control standard need to be actively reviewed. And the control standard should include method of guarantee of Constitutional justice, transparency and fairness on nation’s institutional affairs. What is the meaning of ‘Fairness’? About specific and concreteness context of Fairness, there are constant investigations on related studies of Law e.g. Sociology, Psychology, Economics.