2015. 12. 28. 한일외교장관 합의와 헌법소원

Even though 12. 28. agreement between Minister of Foreign Affairs of Korea and Japan was made in oral, it is a kind of international treaty, because Ministers are representatives of each countries. Only the treaty deliberated by the State Council and made public in national gazette can have same effect as the domestic law. As 12. 28. agreement has not been considered by the State Council and only publicized by website of Ministry of Foreign Affairs, it has no domestic legal force. But if practical effects of the agreement to people can be recognized, we can consider 12. 28. agreement as government action against which the constitutional complaint can be made. If 12. 28. agreement would make nullify right to legal compensation of comfort women victims to government of Japan, the government must have consent of the National Assembly for the agreement. As there is no consent, the agreement violates Article 60 of the Constitution. If 12. 28. agreement contains is related with only diplomatic protection of Korean government for comfort women victims, they still have right to legal compensation. In this case, it depends on whether 12. 28. agreement make difficult the realization of right to legal compensation to satisfy legal requisites of constitutional complaint.