제2기 헌법재판소 김용준 소장의 판결성향 분석

If we would say that the Korean Constitutional Court in its first term laid the foundation of constitutional adjudication from the year of 1988 to 1994 in spite of the poor surroundings, the Korean Constitutional Court in its second term paved the way for its success based on the foundation from the year of 1994 to 2000. In addition, Korean Constitutional Court in its second term made many important decisions for minority rights such as the Veteran’s case which was on constitutionality of the legal provisions giving additional points for the veterans in selecting public servants. It is Chief Justice Yong-Joon Kim who led the Korean Constitutional Court in its second term as a Chief Justice. He was appointed by the President Young-Sam Kim as a Chief Justice in 1994. Before the appointment, he worked as an elite judge for 34 years. This paper aims at analyzing the judicial inclination of the Chief Justice Yong-Joon Kim who led the Korean Constitutional Court in its second term. To arrive at the aim, this paper examines the life path and the judicial career of the Chief Justice Kim before he was appointed as a Chief Justice in the Second Korean Constitutional Court. Then, the paper will qualitatively analyze his opinions through the four major cases representing political, economic, social and cultural fields. It will also quantitatively analyze his whole opinions in 1,092 cases based on the statistics. For the analyses of the statistics, the analytical frames such as ‘judicial activism v. judicial passivism,’ ‘judicial progressivism v. judicial conservatism’ and ‘textualism v. non-textualism’ would be applied.